PLANNING

LEGISLATION 1 Programme Core Course (PCC)

T.Y B. PLAN
Semester: V
Teaching Scheme: Lectures: 3 hrs/week
Examination Scheme: MSE- 30 Marks,
TA- 20 Marks,
End-Sem Exam- 50 Marks

PREPARED AND PRESENTED BY – AISHWARYA A. TUPE

COURSE OUTLINE

Unit 1: Concept of Law

Unit-2: Maharashtra Regional & Town

Planning Act-1966

Unit 3: Land Acquisition, Rehabilitation and

Resettlement Act, 2013

Unit 4: Unified Development Control and

Promotion Regulations -2020
 Unit 1: Concept of Law

Concepts and contents of Indian

Constitution, meaning of the term of
Law, Hrs. Legislation, Ordinance,
Bill, Act, Regulations and Bye-laws;
Significance of Law and its
relationship to Planning; evolution of
Planning Legislation and overview of
legal tools connected with Urban
Planning and Development; 73rd and
74th Constitution Amendment Acts;
etc.
 LAW
• The word 'law' generally refers to the set of regulations
or rules to be followed. It can be in any form such as an
act, ordinance, order, by-laws, rule or regulation, etc.
• Law, the discipline and profession concerned with the
customs, practices, and rules of conduct of
a community that are recognized as binding by the
community. Enforcement of the body of rules is through
a controlling authority. (Britannica)
 Custom

Custom - a way of behaving or a belief that has been

established for a long time.

Custom - official check

• the place at a port, airport, or border where traveler’s bags
are looked at to find out if any goods are being carried
illegally
Custom - tradition
• It was a time-honored custom of the club that blue chairs
were reserved for senior members only.
 Legislation

• Legis means “law” and Latum means “making”,

• A law or set of laws suggested by a government and

made official by a parliament. (Cambridge)
• Legislation in India seeks its history from the British rule
period. Since India became a colony of Britain,
legislation, as a source of law, started growing at a slow
rate at the beginning but now in the present scenario, we
see that legislature is the most important source of law.
 Legislation and it’s Importance

• Legislation is one of the most important instruments of

government in organizing society and protecting citizens. It
determines amongst others the rights and responsibilities of
individuals and authorities to whom the legislation applies.
• Legislation, the preparing and enacting of laws by state
legislatures or the Indian Parliament. In other contexts it is
sometimes used to apply to municipal ordinances and the
rules and regulations of administrative agencies passed in
the exercise of delegated legislative functions.
• A law has little or no value if there is neither discipline nor
enforcement.
 Types of Legislation
• Supreme Legislation: Holds the highest authority and
cannot be overridden by any other form of law. Examples
include the Constitution of India and Acts of Parliament.
• Subordinate Legislation: Created by entities other than
the legislature, such as the executive branch or
government agencies. Examples include rules, regulations,
orders, and notifications. These must be consistent with
supreme legislation.

If in case of any conflicts-

The Supreme Court may review state legislation and decide
whether or not it conflicts with the Constitution of India or
with legislation passed by Parliament.
 Types of Legislature

There are two main types of legislatures in India:

Parliament: The Parliament is the supreme legislative body at

the national level.
It consists of two houses: the Lok Sabha (House of the People)
and the Rajya Sabha (Council of States).

State Legislatures: Each state in India has its own legislature,

which is responsible for enacting laws applicable to the state.
State legislatures have a single legislative chamber.
• In India the subject of legislation is a little complicated by
the federal character of the country. Each state possesses
lawmaking power effective within its boundaries.
• The Government of India, within the scope of its
constitutional powers, may pass legislation effective
throughout the nation. Thus, conflicts may arise between a
state and the national government. These conflicts are
resolved by the courts.
• The Supreme Court is the final arbitrator concerning federal
legislation and state laws as their conflict with federal
power is concerned. State legislation also must comply with
the provisions of Constitution of the India.
 Precedent
A precedent, in law, is a judgment or decision of a court that is
cited in a subsequent dispute as an example or analogy to justify
deciding a similar case or point of law in the same manner.
(Britannica)

• Precedent - an earlier event or action that is regarded as an

example or guide to be considered in subsequent similar
circumstances.
• The Importance of Precedent- In a common law system,
judges are obliged to make their rulings as consistent as
reasonably possible with previous judicial decisions on the
same subject.
• The Constitution has accepted most of the English common
law as the starting point for Indian law.
 Bill
• A 'bill ' can be contemplated as the initial stage of an act. It is a
proposal to draft a new law. Generally, a bill is in the form of a
document that summarizes what is the policy behind the
suggested law and what the said law is going to be.
• A Bill can be introduced by Parliament or State Governments
itself or proposed by a member of the Parliament.
• Once passed in the Lower House after discussions, the Bill
moves to the Upper House for approval.
• Once the bill is passed by the Upper House, then it is sent to
the Indian President for his/ her assent.
• Ultimately, a bill becomes a law (Act) or a statute of the land
after it is passed by the Parliament and assented by the
President. However, not all bills become acts, some bills do
lapse and need to be reintroduced.
 Act
• Once the Bill has been passed by the legislature, it is sent
to the President or the Governor in case of Central law or
State law respectively for approval. After receiving the
Presidential assent, it becomes an Act.
• An Act is a law that is made by the legislature such as
Parliament or State Legislative Assembly.
• It is a law passed by Parliament whereas a bill is proposed
legislation under consideration by a legislature. Therefore,
a bill is a draft and acts are a law by the government. In
this sense, a bill becomes an act when it is passed through
the government.
 Ordinance
• Ordinance is a temporary law that is circulated by the
President on the recommendation of the Union Cabinet.
• The term "ordinance" is defined by the Oxford Dictionary as
an authoritative order. The ordinance is a decree or law
promulgated by a state or national government without the
consent of the legislature. It includes examples such as
collecting revenue through new taxes or harnessing resources
during an emergency or threat.
• They can only be delivered when the Parliament is not in
session. They authorize the government to take immediate
legislative action.
 Ordinance
• These are generally passed when the Central Legislature is
not in session and there is a need to make an act in an
emergency. In these cases, the government refers a
proposal to the President or Governor of a State, and if
they approve of it, it becomes an Ordinance. The legality
of an ordinance is that it is equal to the Act.
• Article 123 of the Indian Constitution gives the President
“Ordinance making power” whereas Article 213 of Indian
Constitution gives the Governor “Ordinance making
power”. These are valid for a period of six months.
 Regulations and bye-laws

• The rules and regulations framed by the town planning

authorities covering the requirements of the building,
ensuring the safety of the public through open spaces,
minimum size of rooms, and height and area limitation,
are known as building by-laws.
• Rules and regulations that largely regulate the building
activity should be formulated to get disciplined growth
of buildings and the better-planned development of
towns and cities.
 Significance of law
• Urban planning deals with physical layout of human
settlements. The primary concern is public welfare, which
includes considerations of efficiency, sanitation, protection
and use of the environment, as well as effects on social and
economic activities.

• In India, the relationship between law and town planning is

crucial for ensuring orderly urban development, managing
land use, and promoting sustainable growth.

• Urban planning is also referred to as urban and regional

planning, regional planning, town planning, city planning,
rural planning, urban development, or some combination in
various areas worldwide.
• Planning - particularly development control comes down to
regulating the behavior of individuals and corporations. For
that to happen, you need the force of law, including penalties
and sanctions. You need the authority of the planning agency
(e.g. the municipal authorities) to set out, and (at least in a
democracy) requirements for public consultation and the
review and appeal of decisions.

• Urban planning is a technical and political process concerned

with the development and design of land use and the built
environment, including air, water, and the infrastructure
passing into and out of urban areas, such as transportation,
communications, and distribution networks and the provision
of municipal services to residents and visitors. Urban planning
deals with the physical layout of human settlements.
• The primary concern is public welfare, which includes
considerations of efficiency, sanitation, protection, and use
of the environment, as well as effects on social and
economic activities.
• Urban planning is considered an interdisciplinary field that
includes social, engineering, and design sciences. It is
closely related to the field of urban design and some urban
planners provide designs for streets, parks, buildings, and
other urban areas.
• The visit of Sir Patrick Geddes to India and his propagation
of the work home place theory, laid the foundation for the
setting up of Improvement Trusts and subsequently thinking
process for the enactment of Town and Country Planning
Acts in various States and the establishment of State T&CP
Departments
 Benefits of statutes for planning
Objectives of Physical Planning:
• To enhance economic development.
• To plan cities and towns.
• To facilitate the provision of infrastructure, utilities and services
• To create order where there is chaos.
• Creation of beauty.
• To reduce psychological stress.
• To create a conducive environment for all.
• Conservation of aesthetics.
Through statutory development plans, land and property owners are
permitted to use their properties in accordance with the provisions of master
plans. These rights mean legally permissible land and property developments
could be carried out by property owners.
 Eminent Domain
• Eminent domain is a concept in planning legislation that
allows governments to acquire private property for
public use, with compensation paid to the property
owner.
• Eminent domain - Compulsory acquisition
In India, eminent domain, often referred to as
"compulsory acquisition" or "land acquisition," is
governed primarily by the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (Land Acquisition Act, 2013).
 Eminent Domain
• Understanding and application of in India:
1.Public Purpose: Similar to other jurisdictions, land acquisition in
India can only be done for a public purpose. This includes projects
related to national security, infrastructure development (such as
roads, railways, airports), and social infrastructure (schools,
hospitals, etc.).
2.Legal Framework: The Land Acquisition Act, of 2013 replaced
the earlier Land Acquisition Act of 1894. It provides detailed
procedures for the acquisition of land, determination of
compensation, and rehabilitation and resettlement of affected
persons.
3.Process: The process of land acquisition
• Notification
• Social Impact Assessment (SIA)
• Consent and Compensation
4. Challenges and Controversies: Land acquisition in India has been
contentious due to issues of fair compensation, inadequate
rehabilitation measures, and the perception of misuse of the process for
private or corporate interests. Several legal challenges have been
raised, leading to amendments and judicial scrutiny.
5. State Laws: Apart from the Central Land Acquisition Act, 2013,
individual states in India may also have their own land acquisition
laws, which may supplement or modify the provisions of the Central
Act.
Overall, eminent domain in India, under the Land Acquisition Act, of
2013, is intended to facilitate planned development while ensuring fair
compensation and rehabilitation for those whose lands are acquired.
 Magisterial powers

• Magisterial powers refer to the authority vested in

magistrates or judicial officers to administer justice and
maintain law and order within their jurisdiction.
• In the context of urban planning in India, magisterial powers
refer to the authority granted to magistrates or district
collectors (who are senior magistrates) to enforce and
implement various aspects of urban planning and
development laws.
 Magisterial powers in urban planning

1. Enforcement of Development Control Regulations

2. Issuance of Permissions and Licenses
3. Maintenance of Public Order during Development
Projects
4. Settlement of Disputes
5. Emergency Powers
6. Implementation of Urban Renewal Projects
7. Monitoring and Compliance
8. Judicial Oversight
 Quasi-Judicial powers

• Quasi-judicial powers refer to the authority given to

administrative agencies or bodies to perform functions that
are similar to those of a court, though they are not a full
judicial body.

Definition and Nature:

• Quasi-judicial powers allow administrative bodies or
officials to adjudicate disputes, make decisions, and enforce
rules and regulations within their specialized domain.
• These powers are "quasi" because they involve exercising
judicial functions to some extent, but they are distinct from
the formal judicial process conducted by courts.
 Quasi-Judicial powers
Examples of Quasi-Judicial Bodies:
• Administrative Tribunals: Such as labor tribunals,
environmental boards, and tax tribunals, which resolve
disputes within their respective areas of expertise.
• Planning Authorities: In urban planning, bodies like zoning
boards or development control authorities exercise quasi-
judicial powers when making decisions on land use, building
permits, and development applications.
• Regulatory Agencies: Including bodies that oversee sectors
like telecommunications, utilities, and financial markets,
which adjudicate disputes and enforce compliance with
regulatory standards.
 Police powers

• Police powers in the context of urban planning generally

refer to the authority granted to law enforcement agencies
to enforce various aspects of urban planning laws and
regulations.
• These powers are crucial for maintaining public order,
ensuring compliance with zoning laws, controlling traffic,
and addressing public safety concerns within urban areas.
 Police powers

• The relevance with examples of how police powers

intersect with urban planning:
1. Enforcement of Zoning and Building Regulations
2. Traffic Management
3. Public Safety and Emergency Response
4. Crowd Control and Event Management
5. Environmental and Health Regulations
6. Urban Security and Crime Prevention
7. Coordination with Other Agencies
 Indian Constitution
• Concepts and contents of Indian Constitution;
 What is Constitution?
• A constitution is a set of fundamental principles or
established precedents according to which a state or
other organization is governed. It typically outlines the
structure and powers of government, as well as the
rights and duties of citizens or members.
• Constitutions can be written or unwritten, formal or
informal, but they generally serve as the supreme law of
the land, guiding how laws are made and enforced
within a country or organization.
• Almost everything we do is governed by some set of
rules. There are rules for games (like- soccer), for social
clubs and for adults in the workplace.
• There are also rules imposed by morality and custom
that play an important role in telling us what we should
and should not do.
 What is Indian Constitution?
• The Indian Constitution is the supreme
law of India, which lays down the
framework for governance, fundamental
rights, directive principles, and the duties
of citizens.
• The Constitution of India was drafted by
the Constituent Assembly. The
Constituent Assembly held its first sitting
on the 9th December, 1946. It
reassembled on the 14th August, 1947, as
the sovereign Constituent Assembly for
the Dominion of India.
• Passed by the Constituent Assembly on
26 November 1949, it came into effect on
26 January 1950.
 Constitution of India
The Constitution of India (COI) is a comprehensive and dynamic
document that has successfully guided the country's governance for
decades. It is a living document, reflecting the aspirations and
values of the people while providing a robust framework for
governance. Its design promotes unity, democracy, and the rule of
law in a diverse and complex nation.

Structure of COI
Preamble 1
Parts 25 (originally 22)
Articles 470 (originally 395)
Schedules 12 (originally 8)
Amendments 105 (till 2025)
 Constitution of India
Here are the key components of the Indian Constitution:
1. Preamble
The Preamble serves as an introduction to the Constitution and outlines the
objectives and guiding principles of the document.

2. Parts and Articles

The Constitution is divided into multiple parts, each containing various
articles that cover different aspects of the legal and administrative
framework. Originally, the Constitution had 395 articles, which are now
divided into 25 parts due to amendments. Each part addresses specific
areas:
•Part I: The Union and its Territory
•Part II: Citizenship
•Part III: Fundamental Rights
•Part IV: Directive Principles of State Policy
•Part IVA: Fundamental Duties
•Part V: The Union Government (includes the President, Parliament, etc.)
 Constitution of India
•Part VI: The States (includes the Governor, State Legislatures,
etc.)
•Part VII: The States in the B part of the First Schedule
(repealed)
•Part VIII: The Union Territories
•Part IX: The Panchayats (local government in rural areas)
•Part IXA: The Municipalities (local government in urban
areas)
•Part X: The Scheduled and Tribal Areas
•Part XI: Relations between the Union and the States
•Part XII: Finance, Property, Contracts, and Suits
•Part XIII: Trade, Commerce, and Intercourse within the
Territory of India
 Constitution of India
•Part XIV: Services under the Union and the States
•Part XIVA: Tribunals
•Part XV: Elections
•Part XVI: Special Provisions Relating to Certain Classes
•Part XVII: Official Language
•Part XVIII: Emergency Provisions
•Part XIX: Miscellaneous
•Part XX: Amendment of the Constitution
•Part XXI: Temporary, Transitional, and Special Provisions
•Part XXII: Short Title, Commencement, Authoritative Text in
Hindi and Repeals
 Constitution of India
3. Schedules
Schedules are lists or tables appended to the Constitution that
detail and clarify specific aspects mentioned in the articles. The
Constitution originally had eight schedules; however, through
amendments, there are now twelve. These include:
1.First Schedule: List of states and union territories and their
territorial jurisdictions.
2.Second Schedule: Provisions relating to the emoluments,
allowances, and privileges of the President, Governors, Judges,
etc.
3.Third Schedule: Forms of oaths and affirmations for Union
and State officials.
 Constitution of India

4. Fourth Schedule: Allocation of seats in the Rajya Sabha

(Council of States) among states and union territories.
5. Fifth Schedule: Provisions related to the administration and
control of Scheduled Areas and Scheduled Tribes.
6. Sixth Schedule: Provisions related to the administration of
tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
7. Seventh Schedule: Division of powers and functions
between the Union and the States, categorized under the Union
List, State List, and Concurrent List.
8. Eighth Schedule: Lists the official languages recognized by
the Constitution.
 Constitution of India

9. Ninth Schedule: Contains laws that are protected from

judicial review on the grounds of violation of fundamental
rights.
10. Tenth Schedule: Provisions relating to disqualification of
members on the grounds of defection, known as the Anti-
Defection Law.
11. Eleventh Schedule: Powers, authority, and responsibilities
of Panchayats (rural local governments).
12. Twelfth Schedule: Powers, authority, and responsibilities of
Municipalities (urban local governments).
 Constitution of India
4. Appendices
Appendices include various other documents, including
amendments to the Constitution, which are not formally
structured as articles or schedules but are necessary for
reference and historical context.
5. Amendments
The Constitution can be amended to address changing needs
and circumstances. Amendments are changes or additions made
to the Constitution. As of now, there have been 105
amendments. Article 368 provides the procedure for amending
the Constitution, which may require different levels of
parliamentary approval depending on the nature of the
amendment.
 Constitution of India
6. Fundamental Rights
Enshrined in Part III (Articles 12-35), Fundamental Rights are
essential for protecting the liberties and freedoms of
individuals. These include the right to equality, freedom,
protection against exploitation, freedom of religion, cultural
and educational rights, and the right to constitutional remedies.
7. Directive Principles of State Policy (DPSP)
Found in Part IV (Articles 36-51), the DPSPs are guidelines for
the state to apply in making laws and policies. These principles
aim to establish social and economic democracy and ensure the
welfare of the people. They are non-justiciable, meaning they
are not enforceable by any court.
 Amendments in the Constitution of India

• Although constitutional amendments require the support of a

two-thirds majority in both houses of Parliament (with some
amendments requiring ratification by a majority of state
legislatures), the Indian Constitution is the most amended
national constitution in the world.
• The Constitution spells out governmental powers with so much
detail that many matters addressed by statute in other
democracies must be addressed via constitutional amendment
in India. As a result, the Constitution is amended roughly twice
a year.

• Example- 73rd & 74th Amendments (1992) – Panchayati Raj

& Municipalities.
 Evolution of Planning in India
• In India, the significance of planning was recognized even
before independence. Various ideological perspectives
were brought to influence the efforts made at plan
formulation by a few individuals and
institutions. Socioeconomic Planning has been one of the
most noteworthy inventions of the twentieth century.
• Even before independence, the nation was conscious of
the significance of planned development. Prominent
public men like Dadabhai Naoroji (1825 – 1917), M. C.
Ranade, (1842-1901), R. G. Dutt (1848 – 1909) wrote
extensively on the social and economic problems of the
Indians.
 Towards the establishment of the Planning
Commission
• The first systematic work came into existence in the
year 1934 when the renowned engineer and statesman
M. Visvesvaraya formulated a ten-year plan for
economic development of the country in his book
“Planned Economy for India.”
• On the other hand, the Government of India Act – 1935,
introduced provincial autonomy which led to the
formation of Congress Government in eight provinces.
• In August 1937 the Congress Working Committee passed a
resolution suggesting the committee of inter-provincial
experts to consider urgent and vital problems, the solution
of which is necessary to any scheme of national
reconstruction and social planning.
 Evolution of Planning Commission
1. National Planning Committee (1938)
• Planning was first initiated in India in 1938 by Congress
President and Indian National Army supreme leader Netaji
Subhash Chandra Bose, later on, Jawaharlal Nehru was
made head of the National Planning Committee.
• All the plans and schemes were shelved for the time being
and between 1940- 45, the committee had only a nominal
existence.
• The National Planning Committee appointed several sub-
committees to study different aspects of the national
economy.
• It was the first attempt on the part of the people of India to
examine the fundamental economic problems and draw up
a coordinated plan for the upliftment of the people.
 2. The Bombay Plan (1944)

• In the early 1944, several eminent industrialists and

economists of Bombay Sir Purshottamdas Thakurdas, Mr.
J.R.D. Tata and six others made another attempt and
published a development plan, which was called the
Bombay Plan.
• Its main purpose was to stimulate the thinking of the
people and to lay down the principles based on which a
national plan could be formulated and executed.
• The central aim of the plan was to raise the national
income. This plan was the systematic scheme of economic
planning that made the country plan-minded.
• Its major shortcoming was of maintenance of a capitalist
order and giving step-motherly treatment to the
agricultural sector.
 3. Gandhian Plan (1944)
• It is to set up a decentralized economy with self-sufficient
villages and Industrial production.
• It emphasized small-scale industries and agriculture. But its
scheme of financing was unsound. This plan was criticized as
inconsistent and insufficient.

4. People’s Plan (1945)

• Another plan was prepared by the late M.N. Roy (a ten-year
plan) called the ‘People Plan.’
• Its chief emphasis was on agricultural and consumer goods
industries through collectivization and the setting up of state-
owned industrialization. The plan was ambitious as it could not
properly mobilize the resources.
 5. Sarvodaya Plan

• The Sarvodaya Plan (1950) was drafted by Jaiprakash

Narayan. This plan itself was inspired by the Gandhian
Plan and the Sarvodaya Idea of Vinoba Bhave.
• This plan emphasized agriculture and small & cottage
industries.
• It also suggested the freedom from foreign technology
and stressed upon land reforms and decentralized
participatory planning.
 6. Post-War Construction (1941- 1946)

• In June 1944 Planning and Development Department

was created under a separate member of the Executive
Council for organizing the planning work in the
country.
• It suggested to State Governments that special priority
should be given to schemes for training technical
personnel.
• In 1946 the work of planning had practically been
completed and the Department of Planning and
Development was abolished.
 7. Advisory Planning Board (1946)

• The interim Government was installed on 24th August

1946, and the Advisory Planning Board.
• The Board submitted its report in January 1947. Its major
recommendations were:
a) The increase in production that is essential could be
secured only through a well-considered plan.
b) There must be control on the use of energy sources, control
over distribution and price, as well as leases and sub-leases.
c) Mineral rights in the permanently settled areas in Bengal
and Bihar should be acquired by the state.

After independence, the plan became inadequate as a result of

the changed social and economic conditions due to partition.
 8. Planning from Independence till the establishment of
the Planning Commission (1947-50)

• At the dawn of the 15th August, 1947, India was free from
British Imperial Rule. The Constitution of India came into
force on 26th January 1950.
• The Constitution contained certain ‘Directive Principles of
State Policy’, which, though not enforceable through the court
of law were regarded but were regarded as fundamental to the
governance of the country.
• The Working Committee of the Congress Party passed a
comprehensive resolution on the planned economy for the
country and the appointment of the Planning Commission.
• The resolution states “ The need for a comprehensive plan has
become a matter of compelling urgency in India ” Thus the
National Planning Commission was established on 15th March,
1950.
 9. Planning Commission (1950)
• India has adopted a path of development, which is known
as Socialist Path and Mixed Economy. The Planning
Commission was set up by a Resolution of the Government
of India in March 1950.
• The objectives of the Government are to promote a rapid
rise in the standard of living of the people by efficient
exploitation of the resources of the country, increasing
production, and offering opportunities to all for
employment in the service of the community.
• The responsibility of assessing all resources of the country,
augmenting deficient resources, and formulating plans.
• It was entrusted with the work of economic and social
development as envisaged in the preamble, the fundamental
rights as well as Directive Principles of State Policy of the
Constitution.
 10. The National Development Council (1952)

• It is the apex body for decision-making and deliberations

on development matters in India, presided over by the
Prime Minister set up on 6 August 1952.
• To strengthen and mobilize the effort and resources of the
nation in support of the Plan, to promote common
economic policies in all vital spheres, and to ensure the
balanced and rapid development of all parts of the country.
• The Council comprises the Prime Minister, the Union
Cabinet Ministers, Chief Ministers of all States or their
substitutes, representatives of the Union Territories, and
the members of the Planning Commission.
• It is an extra-constitutional and non-statutory body.
 11. Five Year Planning
• The first Five-year Plan was launched in 1951 and two
subsequent five-year plans were formulated till 1965,
when there was a break because of the Indo-Pakistan
Conflict.
• Two successive years of drought, devaluation of the
currency, a general rise in prices, and erosion of
resources disrupted the planning process and after three
Annual Plans between 1966 and 1969, the fourth Five-
year plan was started in 1969.
• The central importance assigned to the public sector was
first articulated in the Industrial Policy Resolution in
1956. and subsequently documented in the second five-
year plan in 1956.
• The Eighth Plan could not take off in 1990 due to the
fast-changing political situation at the Centre and the
years 1990-91 and 1991-92 were treated as Annual
Plans. The Eighth Plan was finally launched in 1992
after the initiation of structural adjustment policies.
• For the first eight Plans the emphasis was on a growing
public sector with massive investments in basic and
heavy industries, but since the launch of the Ninth Plan
in 1997, the emphasis on the public sector has become
less pronounced and the current thinking on planning in
the country, in general, is that it should increasingly be
indicative.
 Objectives of Five Year Plan of India
The objectives of these five-year plans were as follows:
1.Economic Growth
2.Economic Equity and Social Justice
3.Full Employment
4.Economic Self-Reliance
5.Modernization
 Objectives of Five Year Plan of India
• 1st Plan (1951–56): Agriculture focus (food grain production,
irrigation).
• 2nd Plan (1956–61): Industrialization (Nehru–Mahalanobis Model).
• 3rd Plan (1961–66): Self-reliance, mixed economy; disrupted by
wars (1962, 1965).
• Plan Holiday (1966–69): Due to drought & war; annual plans
launched.
• 4th Plan (1969–74): Growth with stability; Green Revolution started.
• 5th Plan (1974–79): Poverty removal (Garibi Hatao).
• 6th Plan (1980–85): Technology, modernization.
• 7th Plan (1985–90): Focus on employment generation.
• 8th Plan (1992–97): Economic reforms, liberalization.
• 9th Plan (1997–2002): Inclusive growth.
• 10th Plan (2002–07): Growth rate target 8%.
• 11th Plan (2007–12): “Faster & Inclusive Growth”.
• 12th Plan (2012–17): Last FYP; targeted faster, sustainable,
inclusive growth.
 12. Establishment of NITI ( National Institution for
Transforming India) Aayog (2014)
• Planning in India was carried out by the Planning
Commission (1950 – 2014) and the NITI (National
Institution for Transforming India) Aayog (2014 – 2017).
• The Eleventh Plan completed its term in March 2012 and the
Twelfth Plan is currently underway. Before the Fourth Plan,
the allocation of state resources was based on schematic
patterns rather than a transparent and objective mechanism,
which led to the adoption of the Gadgil Formula in 1969.
• Revised versions of the formula have been used since then to
determine the allocation of central assistance for state plans.
• The new government led by Narendra Modi, elected in 2014,
has announced the dissolution of the Planning Commission,
and its replacement by a think tank called the NITI Aayog.
 Evolution of Planning legislation
Legal tool in Planning
1. Pre Independence
• Sanitary Commission, 1864
• Land Acquisition Act, 1894
• Bombay Plague, 1896-97
• Bombay City Improvement Trust, 1898
• Patrick Geddes Visit in India, 1914-1924
• The Bombay Town Planning Act, 1915
• Rent Control Acts, 1918
• The Uttar Pradesh Town Planning Act, 1919
• The Madras Town Planning Act, 1920
• Health Survey and Development Committee, 1943
 Evolution of Planning legislation
Legal tool in Planning

2. Post Independence
• Modern Movement Town Planning
• New Cities were Built (Bhubaneshwar 1948)
• Industrial Policy Resolution, 1948
• Planning Commission, 1950
• Five Year Plans
• Slum Improvement and Clearance Act, 1956
• Ancient Monuments and Archaeological Sites
and Remains Validation Act 1958
• Model Regional and Town Planning and
development Law, 1985
 Evolution of Planning legislation
Legal tool in Planning
2. Post Independence
• Environmental Protection Act 1986
• 73rd and 74th Constitutional Amendment Act,
1992
• Urban Development Plans Formulation and
Implementation Guidelines, 1996
• Millennium Development Goals (MDGs), 2000
• The Disaster Management Act, 2005
• Sustainable Development Goals (SDGs), 2012
• Land Acquisition Rehabilitation and
Resettlement Act, 2013
• Rehabilitation and Resettlement Act, 2013
• Smart City Mission, 2015
 Town Planning Acts
• The visit of Sir Patrick Geddes Visit to India (1914-24)
and his propagation of the work-home place theory laid
the foundation for the setting up of improvement trusts
and subsequently thinking process for enactment of Town
and Country Planning Acts in various states and the
establishment of state T & CP departments.
• Peace Meal development was taken up like slum
improvement, roads, scheme and area development.
• Sir Patrick suggested the need for town Planning
Legislation as well as preparation of comprehensive plan
for cities:
1. The Bombay Town planning Act, 1915
2. The Uttar Pradesh Town Planning Act, 1919
3. Madras Town Planning Act 1920
 Town Planning Acts
The first town planning legislation was enacted in 1915
under title ‘Bombay Town Planning Act 1915’
It aimed at providing the local authorities the most
valuable powers, such as:
1. To control the future growth of the town.
2. To prevent formation of slums to provide healty
dwellings.
3. To take active measures to make life more
comfortable for the poor and middle class people.
 Rent Control Acts,1918
• Rent control in India was introduced to prevent pseudo-
scarcity of rental housing post-world war II
• Control on let and lease of vacant buildings to tenants
for desirable rented accommodation
• Fixation of fair and standard rent
• Protection of tenants against arbitrary eviction
• Maintenance and upkeep of rented properties by
landlords
• Rights to landlords against defaulter tenants
• Rights to landlords for the recovery of premises in
specific cases.
Health Survey & Development Committee,
1943

• Sir Joseph Bhore - Chairman.

• To looked into adaptability of Town Planning Acts in
Various States and following policies were outlined:
1. Emphasis on integration of curative and preventive
medicine at all levels.
2. Comprehensive recommendations for remodeling of
health services in India.
Health Survey & Development Committee, 1943
The report, submitted in 1946, had some important
recommendations like:
• Integration of preventive and curative services of all
administrative levels.
• Development of Primary Health Centers in 2 stages.
• Short-term measure one primary health center as
suggested for a population of 40,000.
• Each PHC was to be manned by 2 doctors, one nurse,
four public health nurses, four midwives, four trained
dais, two sanitary inspectors, two health assistants, one
pharmacist, and fifteen other class IV employees.
• A secondary health center was also envisaged to provide
support to PHC, and to coordinate and supervise their
functioning.
Health Survey & Development Committee,
1943

• Long-term program (also called the 3 million plan) of

setting up primary health units with 75-bedded
hospitals for each 10,000 to 20,000 population and
secondary units with 650 bedded hospitals, again
regionalized around district hospitals with 2500 beds.

• Major changes in medical education which includes 3

month training in preventive and social medicine to
prepare “social physicians".
 Planning Commission
Planning Commission was set up in March, 1950;
The following are the tasks assigned to the Commission;
I. To assess material, capital, and human resources of the country,
including technical personnel and investigate the possibilities of
augmenting deficient resources for the nation's requirements;
II. To formulate a plan for the most effective and balanced utilization
of the country’s resources;
III. To define the stages in which the plan should be carried out and
propose the allocation of resources for the due completion of each
stage;
IV. To indicate the factors that slow down economic development,
and determine the conditions need to be established for the
successful execution of the plan;
V. To appraise from time to time the progress achieved in the
execution of each stage of the plan and recommend adjustments
of policy;
 Planning Commission

The Principle task of Planning Commission is to formulate

Five Year Plan and Annual Plan for:

I. The most effective and balanced utilization of the

country's material, capital and human resources;
II. Appraise from time to time the progress in their
implementation; and
III.Recommend adjustments of necessary policy and
measures.
 Slum Area Improvement and Clearance Act,
1956
The execution of any one or more of the following works,
namely:— (i) Necessary repairs.
(ii) Structural alterations.
(iii) Provision of light points, water taps and bathing places.
(iv) Construction of drains, open or covered.
(v) Provision of latrines, including conversion of dry
latrines into water-borne
latrines.
(vi) Provision of additional or improved fixtures or fittings.
(vii) Opening up or paving of courtyards.
(viii) Removal of rubbish.
(ix) Any other work including the demolition of any
building.
Ancient Monuments, Archaeological Sites
& Remains Validation Act 1958

Designed to Preserve Ancient monuments,

archaeological sites and remains to reduce further
damage.¢ The Act facilitated:
i. Acquisition of rights in a protected monuments;
ii. Preservation of protected monument by
agreement;
iii. Maintenance of certain protected monuments;
iv. Rights to access protected monuments;
v. Restriction on enjoyments of property rights.
 Delhi Urban Art Commission Act 1973

• To promote qualities in urban environment that can

enhance the 'values of the community';
• To bring up and nurse attractiveness, aesthetic and
functional utility of the community living and work;
• To preserve character and quality of manmade heritage
by maintaining integrity of those areas;
• To channelize public investment in those areas;
• To prevent upsurgence of ill designed structure;
• To raise level of quality environment and community
expectations.
 Delhi Urban Art Commission Act 1973

Functional responsibility of the commission involved:

1. Advisory to central and local government;

2. Promote and secure development and integrated urban
conservation;
3. Scrutinize, approve, reject or modify proposals.
Urban Land (Ceiling & Regulation) Act, 1976
• Applicable to 73 towns and cities (out of 142 class I
cities of 1971 census) in four categories;
• Ceiling on vacant land in urban agglomeration varying
from 500 to 2000 sq-mt.;
• Ceiling limits applicable to peripheral areas ranging in
width from 1 Km. to 8 Km.;
• Ceiling on plinth area of all future dwelling units
varying from 300 to 500 sq. mt.;
• Compensation of 8.5 times of net average annual
income actually derived from the land.
 Urban Land (Ceiling & Regulation) Act,
1976
Issues:
• Sharp decline in prices of vacant land and increase of
rents of existing apartments and bungalows;
• Increase in real estate price/ small land; housing
becomes exclusive public domain;
• Land speculation — sell of developed/undeveloped land
to local government;
• Increase in heights in buildings;
• Uncertainty in industrial development, expansion and
diversification;
 The Urban Land (Ceiling And Regulation) Act,
1976
• The Urban Land (Ceiling and Regulation) Act, 1976
(“ULCRA”) is a statute that was enacted by the Indian
Legislature to control holdings of urban land by a select few
and utilize the excess land available after the land ceiling for
housing the poor. But contrary to this objective, the ULCRA
resulted in amongst other things, escalation of real estate
prices in urban areas.

• To regulate the construction of buildings on such land and for

matters connected, with a view to preventing the
concentration of urban land in the hands of a few persons and
speculation and profiteering therein and with a view to
bringing about an equitable distribution of land in urban
agglomerations to subserve the common good
 The Urban Land (Ceiling And Regulation) Act,
1976
Ceiling on Land Holdings:
•The Act imposed a ceiling on the amount of vacant land
that an individual or entity could hold in urban areas. The
ceiling varied based on the population of the city, with
larger cities having a lower ceiling.
•Any land in excess of the ceiling was considered surplus
and could be acquired by the government.
Acquisition of Surplus Land:
•The government was empowered to acquire surplus land
from landholders and use it for public purposes, such as
housing for the poor or other development projects.
•The act aimed to prevent land speculation and ensure that
land was used for productive purposes.
The Urban Land (Ceiling And Regulation) Act, 1976
•Ceiling Limits: The Act set ceiling limits on the
ownership of urban land. The maximum extent of vacant
land that a person or entity could hold was specified,
varying between 500 to 2000 square meters depending on
the city.
•Excess Land: Landowners holding land in excess of the
ceiling limit were required to declare and surrender the
excess land to the government, which would then
redistribute it for public use, particularly housing for the
economically weaker sections.
•Penalties: Violations of the Act, such as concealing the
extent of landholding, were subject to penalties, including
fines and imprisonment.
 Environment (Protection) Act, 1986
• The Environment (Protection) Act (EPA) was enacted in
1986 with the objective of providing the protection and
improvement of the environment.
• It empowers the Central Government to establish
authorities charged with the mandate of preventing
environmental pollution in all its forms and to tackle
specific environmental problems that are peculiar to
different parts of the country.
• The Act is one of the most comprehensive legislations
with a pretext to protection and improvement of the
environment.
• In the wake of the Bhopal gas Tragedy or Bhopal
Disaster, the [Government of India] enacted the
Environment Protection Act of 1986.
Millennium Development Goals (MDG)
 References
• https://dictionary.cambridge.org/dictionary/english/legislation
• https://blog.ipleaders.in/legislation-source-law/
• https://vakilsearch.com/blog/principle-sources-of-indian-law-statutes-and-
legislation/
• https://www.britannica.com/topic/precedent
• https://blog.finology.in/Legal-news/difference-between-act-bill-ordinance-
rules-
regulations#:~:text=An%20Act%20is%20a%20law%20that%20is%20mad
e,and%20acts%20are%20a%20law%20by%20the%20government.
THANK YOU!