Paper tries to analyse the role and importance of legal framework in the context of urban development and the need to make urban laws more rational, simple and supportive of the urban development.

1. PLANNING LAWS – ITS IMPLICATIONS FOR
URBAN DEVELOPMENT
Planning and development of human settlements involves land, its allocation
and management. Thus land-use planning emerges as the most critical element
in urban development. Planned growth requires a whole regime of planning
legislation because it defines the system of urban government, establishes the
system of urban planning and regulates land development. It also defines and
delimits the role and power of urban planners and managers besides providing
basic procedures for plan preparation and plan approval before making them
operational. In India, which has been under colonial rule, planning laws
inherited are primarily based on western thought and philosophy. Accordingly,
existing system of urban planning and development has not been able to cope
with the emerging problems of Indian urbanization. Thus it becomes critical
that existing planning laws are critically and objectively looked into and
appropriately modified to make the entire process of urban planning,
development & management more effective and efficient.
With the pace of urbanization picking up in the post-independence era, India
witnessed flurry of planning laws enacted to control, regulate and promote
orderly and planned development of urban areas. Urban development, being a
state subject, states took full advantage to create their own planning regimes..
The existing planning legislation scenario is marked by multiplicity of laws,
multiplicity of development agencies with overlapping areas of operation and
functional jurisdiction .
North Western State Scenario:
In this context study has been made of the existing laws in the North –Western
state including states of Punjab, Haryana, Himachal Pradesh, Jammu&
Kashmir and Chandigarh UT. Study reveals that there is multiplicity of laws
relating to land acquisition, land development, managing urban areas,
formulating planning schemes, housing, development of residential and
industrial estates, setting up of agricultural produce markets, preparation of
Master Plans, Regional Plans, controlling and regulating areas around

2. important roads and cities, regulating ownerships of apartments, licensing of
private colonies and registration of property dealers, promoters and colonizers
besides controlling and regulating the land and pollution etc.
Looking at the agencies involved in development process, it has been found that
besides Municipal Corporations and Municipalities there are State and local
level Development Authorities ,Improvement Trusts, State Agricultural
Marketing Board, Directorate of Colonization, Directorate of Town Planning,
Water Supply and Sewerage Board, Industries and Export Corporation, Special
Area Development Authorities, Pollution Control Board, State Urban
Development Agency, State Land Acquisition Board, District Planning
Committees etc. Despite the fact that there are number of agencies operating in
urban areas, there is a concentration of development agencies operating in the
large urban areas. However, these agencies are conspicuous by their absence in
smaller urban settlements. This dichotomy has made the entire urban
development process lopsided.
Based on the pattern followed in the country, north- western states have also
wide spectrum of multiplicity of urban development related laws and
development agencies. However, different states follow different pattern of
development with few nodal agencies driving the urban development. In case of
State of Punjab, it is the Development Authorities and to a limited extent
Improvement Trusts, whereas in the state of Haryana ,it is primarily Haryana
Urban Development Authority (HUDA), Haryana State Industrial Development
Corporation (HSIDC), Haryana State Agricultural Marketing Board (HSAMB)
CONCLUSIONS
i) Considering far reaching implications of urban laws, too many planning laws
are bad for the urban health. Accordingly, multiplicity of laws needs to be
avoided.
ii) Laws, which are borrowed and not based on local conditions ,are of little
relevance and least effective to achieve the planned growth.
ii) Rigidity in law leads to stagnation.
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3. iii) Laws which do not promote participatory approach, invariably lead to
rejection. Equity has to be the guiding philosophy behind any law for
it to be effective.
iv) Planning laws should be simple to understand. More complex is law,
more are the chances of its failure. Ambiguity and complexity in
planning legislation would herald an era of unplanned growth and
development.
v) Negative laws are invariably violated by the stakeholders. Law
should be made a positive tool based on flexibility, simplicity, laying
emphasize on environmental issues and should be operationally
efficient and administratively fair.
vii)Planning Laws must take cognizance of the prevailing ground realities
and urban dynamism and accordingly must be able to cater to the needs of
the migrants who are too poor to afford a decent living.
viii) Time frame for the preparation of master plans can be considerably
reduced by rationalizing procedure . Master plans need to be improved in
intent, content and scope to make the existing plans better master plans to take
care of the needs of the individuals, poor and society in a better way.
ix) Existing approach to create subject specific laws needs to be replaced by
comprehensive laws. Planning laws need review in the light of the 74th
Constitutional Amendment Act, 1992 which lays down a precise system of
planning both at regional level i.e. district and metropolitan levels and at the
local level.
x) To avoid multiplicity of agencies at local level, all powers, authority, function
and resources must be vested with the Municipalities to take care of the
planned growth and management of urban areas because all problems are city
specific and local level agencies are best suited to tackle those problems.
However, they need to be properly equipped managerially, financially and
technically to discharge their assigned role and functions.
In the Indian context much of the harm to the urban planning and development
process has been caused by the urban laws. Existing laws must be critically
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4. reviewed to remove all dualities, contradictions and distortions so as to make
the entire process of city planning, development and management more
effective and efficient which would be critical for launching urban India into the
21st
Century to meet the grave challenges posed by massive urbanization.
Urban Development Laws of Punjab
i) Land Acquisition Act, 1894.
ii) The Punjab Municipal Act, 1911.
iii) The Punjab Town Improvement Act, 1922.
iv) The Punjab Damaged Areas Act, 1951.
v) The Capital of Punjab (Development and Regulation) Act, 1952.
vi) The Punjab New Capital (Periphery Control) Act, 1952.
vii) The Punjab New Mandi Township Act, 1961.
viii) The Punjab State Agricultural Produce Markets Act, 1961.
ix) Indian Companies Act, 1961.
x) The Punjab Slum Areas (Improvement) Act, 1961.
xi) * The Punjab Scheduled Roads and Controlled Areas (Restrictions of
Unregulated Development) Act, 1963.
xii) * The Punjab Urban Estate Act, 1963.
xiii) The Punjab Ancient and Historical Monuments and Archaeological
Sites and Remains Act, 1964.
xiv) * The Punjab Housing Development Board Act, 1972.
xv) ** The Punjab Regulation of Colonies Act, 1975.
xvi)*** The Punjab Regional and Town Planning Ordinance, 1976.
xvii) The Punjab Municipal Corporation Act, 1976.
xviii) Urban Land (Ceiling and Regulation) Act, 1976..
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5. xix) The Punjab Regional and Town Planning and Development Act,
1995.
xx) The Punjab Apartment and Property Regulation Act, 1995.
xxi) The Punjab Apartment Ownership Act, 1995.
.
__________________________________________________________________________
* Laws at serial no. xii, xiii, xv have been repealed by the Punjab Regional
and Town Planning and Development Act, 1995.
** Law at serial no. xvi has been repealed by the Punjab Apartment And
Property Regulation Act, 1995.
*** Ordinance at serial no. xvii lapsed after six months as bill was not
brought before the Assembly to make it a law.
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6. xix) The Punjab Regional and Town Planning and Development Act,
1995.
xx) The Punjab Apartment and Property Regulation Act, 1995.
xxi) The Punjab Apartment Ownership Act, 1995.
.
__________________________________________________________________________
* Laws at serial no. xii, xiii, xv have been repealed by the Punjab Regional
and Town Planning and Development Act, 1995.
** Law at serial no. xvi has been repealed by the Punjab Apartment And
Property Regulation Act, 1995.
*** Ordinance at serial no. xvii lapsed after six months as bill was not
brought before the Assembly to make it a law.
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