Rationalizing the Planned Growth of Urban India through Regulating the Sub-division of Urban Land

Rationalizing the Planned Growth of Urban India?through Regulating the Sub-division of ?Urban Land

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??????????????????????????????????????????????**Jit Kumar Gupta; [email protected]

?Land is globally valued, for?providing?platform?for all human driven activities, based on living, working, culture of body/ mind and travel.?Limited availability, coupled with large ??number of human beings trying to source land, has invariably created large demand for land resource for human consumption. Land, in urban context, is required?for meeting the specific needs ?of urban dwellers?for?residential, commercial, institutional, recreational, travel& traffic purposes besides providing space for infrastructures , amenities, services, trade and commerce etc. Land in urban areas remains under large demand and , command high price??due to concentration of large population?in small physical area, with stakeholders making ?competing claims.

?All planning instruments including?Master Plan, Development Plans, Zonal Plans, Local Area Plans, invariably?address and focus on optimum and rational use of land involving its planning for promoting planned , orderly and rational development of cities and towns. All these planning tools ?primarily include, defining the use to which land in urban areas shall ?be permitted; regulating the ?sub-division of land, based on the??defined infrastructures norms and standards, besides prescribing the development parameters ?which will regulate construction to be made on the sub-divided parcels of land . All urban areas also put in?place?competent authorities ,?operating under a legal framework, for permitting, sanctioning and approving the?planning of the area, sub-division of land and?making provision of physical, social, hard and soft infrastructures in the given area.

?Mechanism of licensing is often ?used by large number of cities/states to permit private promoters/ developers, to source land, sub-divide land into different parcels by preparing a lay-out plan , making provision/indicating the position of roads, water supply, sewerage, drainage, electricity, landscaping, solid waste management, waterworks, electric grid stations and?sewerage treatment plants besides ?defining space for institutions related to healthcare, education, leisure, open spaces, community centres, shopping etc.

?Sub-division ?of land carried out, after obtaining defined sanctions, makes the development planned and legal, whereas any ?sub-division/development, which does not follow the defined system, even when planned, is known ?to be illegal and unauthorized development. Unauthorized development invariably involves sub-division and use of land,?made without getting approval from the competent authority. However, looking at the prevailing system, obtaining approvals of competent authorities remains highly cumbersome, resource- intensive and?time consuming operation. Process of approval invariably involves considerable ?time, money and delays. Large number of??documentations and technical reports required; legal formalities to be completed and?number of bank guarantees to?be provided, makes the entire approval?process?costly and?cumbersome. This acts as a deterrent to developers to go for approvals from statutory authorities. Accordingly, majority of sub-division of land and?physical development taking place in the urban areas, ?remains ?both illegal and unauthorized. Illegal?subdivision of land??is known?and accepted as?integral/essential part of urban development process existing?in developing economies. Such unauthorized sub-division of land defeats the?basic/very purpose of ?urban planning and planned ?physical development,?which focuses on?improving/promoting the welfare of the people & communities by creating?convenient, equitable, healthy & efficient sustainable environment.

Triad?comprising of?three actors/players are said ?to operate and regulate?the domain of ?legal/illegal sub-division of land, which include the?Seller (landowner, developer/promoter,) Purchaser/buyer?of the sub-divided land parcel and Competent Authority involved in approving the sub-division of land. In case of legal sub-division all three actors remain actively ??involved, whereas in the case of illegal sub-division only Seller and Buyers are involved to the exclusion of the Competent Authority. Sub-division of land has number of variants involving different options. Illegal sub-division is invariably carried out by private developers, landowners etc. Land, major component used for sub-division in such cases, is sourced either by buying or by illegally using/occupying/encroaching upon land owned by others .

In ?majority of cases, involving unplanned, unauthorized?and illegal development, it has been observed that ?Seller purchases/sources agricultural land from the land owners/farmers, ?located generally ?in the peri-urban areas or?on the fringe of the city, (which is ?comparatively cheaper); ?sub-divide the land into small plots/parcels and sell such parcels to ?the perspective buyers, who ?desperately need land to construct houses etc. In addition, culture of illegal subdivisions is also promoted?by unscrupulous land developers who are often in league with elected and appointed government officials, including the police. With the protection, active support and involvement?of?officials,?developers occupy government land and sub-divide it?for commercial, residential uses?etc. Plots?in such colonies?are sold??at discounted?prices, prevailing in the market with no provision of the?services. Assurance ?to families?against eviction is generally provided by developers, using?political connections including bribing the officials

Such sub-division generally defies all norms and standards with?large area provided under plots and only small area made available under roads , open spaces , basic amenities and services. Logic and rationale for providing large area under plots is to maximize profit from the sub-division of land. Such development, being unauthorized and illegal , invariably land the buyers into trouble because of the illegal nature of development. In such areas, basic amenities and services remain conspicuous by their absence. Prevailing quality of life has been found to be ?always of lower order. Non-approval of building plans by urban local bodies leads to?large scale unauthorized construction?taking place on the illegal sub-divided land. People, communities and cities continue to suffer in such kind of illegal and unauthorized sub-division/development of land, due to ?lack/absence of?basic infrastructures,?with little attention paid?to health, eduction, recreation, open spaces and fire safety considerations. Once ?these illegal settlements grow in size with number of houses constructed, residents?supported by?developers/promoters usually create?an association/ resident's?association?for lobbying?with government agencies to provide services and ?for fighting/protection?against any order of dislocation/demolition of the colony and even ?for filing court cases. Basic essential services such as electricity connections are often illegally tapped from existing government infrastructure. The housing conditions in these settlements are often better than in squatter settlements because the perception of secure tenure is higher. Studies made and analysis carried out of such colonies have shown that after the lapse of ?a period of ?ten to fifteen year, ?such settlements ?also showcase the presence of lower middle class families who were unable to?afford?housing elsewhere in the urban market?( Urbepedia).?

In addition to above patterns , there exists another form of illegal sub-division of land which generally takes place on the land belonging to and owned by government/parastatal agencies, which is not properly protected and safeguarded. Sub-division of land in such development is started by dwellers themselves with the tactical/active support of the corrupt elected and appointed government officials, ?Derelict/low lying ?and marginalized land parcels?come under large scale illegal sub-division, giving rise to slums and squatter settlements. Unprotected/ disputed urban land, are also known to be subjected to illegal sub-division in urban areas. Sub-division of land in such areas is based on the initiative taken up by the slum dwellers themselves. This kind of ?illegal sub-division remains totally?against the spirit of rational development . It has also been rated as the worst pattern of?development which can only happen in cities/towns and have been called the breeding ground of majority of urban ills. Slums have also been called the shadow of urbanization, devoid of basic norms and standards of sub-division and provision of?essential?amenities/services.

Genesis of illegal sub-division of land

Genesis for such illegal sub-division of urban land have roots in massive urbanization; rapid migration; high prevailing cost of urban land; speculation; limited capacity ?and limited supply of developed?land by the development authorities; widening gap between demand and supply; ?prevailing poverty; lack of financial resources/capacity to buy legal land; cumbersome procedures, processes , rules and regulations, created to provide sanctions for sub-division of land etc.

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?Studies made globally in developing economies, have revealed that the entire context of illegal and unauthorized sub-division of ?urban land involves and revolves around;

·??????Massive ?Urbanization,?uncontrolled migration and rapid ?urban growth ?leading to uncontrolled expansion of urban areas and large demand for land.

·??????Urban areas becoming engines of economic growth, generating large proportion of wealth and employment

·??????Ever widening gap between demand and supply of developed land parcels.

·??????Lack of capacity of parastatal agencies to provide developed plots at affordable price.

·??????Inefficient land market, high land prices and prevailing culture of land speculation.

·??????Making urban land as an investment, yielding quick and large dividends.

·??????Poor land?related record and outdated land related legal framework.

·??????Emerging nexus existing between unscrupulous land developers, government officials.

·??????Lack of adequate?manpower , resources and will on the part of ?agencies involved in the approval/regulation ?of sub-division of land.

·??????Absence of?Master plans/ Development Plans and other planning tools to regulate the sub-division of land and ineffective implementation

·??????Poor implementation of?development plans

·??????Low priority/marginalizing the role and importance of?planned development

·??????Limited ?availability of manpower in planning and managing the cities?besides existence of large number of vacancies in ?town planning cadre.

·??????Divorcing plan preparation from plan implementation

·??????Multiplicity of agencies operating at local level in the domain of urban planning and sub-division?of land; often working at cross purposes

·??????Multiplicity of?building bye-laws and zoning regulation regulating the sub-division and use of land.

·??????Low order of punishment for illegal ?and unauthorized sub-division of land.

·??????Active involvement of the politicians/elected representatives in the democratic set up at local/state level.

·??????Periodic regularization of unauthorized construction policies?framed and made operational by successive governments .

·??????Treating conversion of unauthorized/illegal?sub-division of land?as a part of vote bank policy and generating revenue for resource starved governments.

·??????High prevailing price of plots sold by?development agencies and lack of capacity/ resources to secure high priced land of majority of urban residents.

·??????Cumbersome procedures, processes , delays, corruption, stringent rules/ regulations defined ?for granting ?sanctions for sub-division of land.

·??????Marginalizing the role and importance of urban local bodies in promoting planned development and ?eliminating unauthorized sub-division of land.

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Outcomes of the illegal sub-division of land

·??????Creating a culture of unregulated?urban growth and development

·??????Rapid unplanned, haphazard and sub-standard development of urban areas.

·??????Mushroom ?growth of?the squatter?settlements and slums

·??????Poor quality of life for majority of urban residents

·??????High physical, social and environmental and health related?cost.

·??????Creation of large urban related issues and problems.

·??????Promoting operational inefficiency and adversely impacting urban environment/ productivity.

·??????Absence/inadequate ?availability of ?basic infrastructure

·??????Absence/limited availability of open spaces, parks etc.

·??????Inadequate space under roads and open spaces

·???????High degree of traffic problems; Lack of parking spaces

·??????Absence of space for education and healthcare institutions.

·??????Inadequate space for laying services like water supply, sanitation etc.

·??????Congestion of buildings on land and congestion of people in buildings.

·??????Crating enormous financial labilities for?urban local bodies

·??????Perpetual loss of financial resources and revenue generation for urban agencies.

·??????Residents suffering from sick building syndrome due to haphazard and un-planned development

·??????Making cities unsafe- Cities remaining prone?and vulnerable?to various natural and manmade disasters.

·??????Cities suffering ?from health related issues due to pandemics like Covid-19 etc.

·??????Cities?and communities becoming victim to?large scale crime.

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Options to minimize illegal sub-division of land

·??????Creating a rational , effective, efficient , supportive and simplified policy framework for promoting legal?sub-division of land for putting an end to illegal sub-division of land.

·??????Making?illegal sub-division of land a cognizable offence attracting both?major imprisonment and heavy fines to act as deterrent to promoters for such illegal activities.

·??????Creating a culture for planned development in urban areas by involving land owners and developers.

·??????Putting in place ?effective and efficient planning tools of master plans/development plans for promoting, guiding and regulating the?orderly and rational growth of urban areas.

·??????Reviewing, revising and re-defining the framework, intent, content and scope of planning tools to make them operationally efficient and promoters of legal sub-division of land.

·??????Simplifying and making the framework providing for sub-division of land?user- friendly.

·??????Creating a single window system for granting permission for land use.

·??????Making the entire process transparent, effective and efficient, adopting ?process of ?online permissions.

·??????Digitizing the urban land ?ownership record and making it available in the public domain.?

·??????Making purchaser of illegal sub-divided plot/land,?also accountable and liable for punishment in addition to seller.

·??????Creating??awareness among developers and promoters regarding the need for eliminating the illegal sub-division of land.

·??????Incentivizing the legal sub- division and dis-incentivizing the illegal sub-division of?land.

·??????Imposing penalties and recovering all development charges from the developers/occupants for providing deficient services.

·???????Putting an end to policies of regularizing the illegal sub-division of land.

·??????Protecting, preserving and safeguarding all government lands from possible encroachments by documenting and putting signages indicating the ownership of properties.

·??????Providing in public domain details of?all the?colonies approved?by the competent authority.

·??????Sub-dividing the city in distinct development zones, to be manned by dedicated manpower, also?made personally responsible/accountable for any unauthorized/illegal sub-division of land/ construction.

·??????Prohibiting registration of any illegally sub-divided land by the registering authorities and seeking no-objection certificate from the defined authority before registration of?any sub-divided land.

·??????Putting ?in public domain the details of?illegal sub-division of land?recorded in the city.

·??????Top of FormTaking ?all possible measures to prevent the unauthorized splitting of plots of land for sale and illegal construction

·??????InvolInEducating and involving political leadership in creating a supportive environment/culture ?of ?planned development and rational sub-division of land.

·??????Creating a dedicated cell Creating a dedicate cell at local level to guide, inform and educate the perspective buyers regarding the status and details of the?intended?plot.

·??????Copies of the?Copies of the approved plans of colonies along with the?details of developers and?location/details of the land and size of land parcel, ?should be placed and ?made available in the public domain by creating a dedicated portal.

·??????Craeting quality Creating options for having quality leadership at local level, to guide and regulate the urban development process and land sub-division.

·??????ImImparting training, on regular basis, to all the officials and the elected representatives in the?domain of urban planning for rationalizing the sub-division of land.

·??????Involving?private sector on large scale to?increase the supply of serviced plots based on approved sub-division of land to bridge the?existing gap between demand and supply.

Rapid and uncontrolled growth in population experienced by urban areas?has ?adversely impacted and generated ?considerable pressure ?on land ?resource in cities and towns , leading to ?large scale conversion, sub-division and occupation of urban land. This pressure on land ?has ?largely been ?met by means of ?both formal/informal sub-division ?and development of land. Growth of the urban settlements and entire mechanism of urban planning and development remains land based/ land focused,?based on a strategy of sub-division of the land, dictated by the economic forces prevailing in the market. Irrational and?ineffective ?public policies of urban planning and land sub-division, devoid of prevailing ground realities,?have turned out to be incompatible with the demands of urban expansion, leading to large scale un-authorized ?and illegal sub-division of land. In order to make city ?planning, growth, development and management ,both rational. realistic, orderly and promoter of quality living, it will be critical and essential, ?that all urban centres ?are made to focus on eliminating the culture and practices promoting un-authorized/illegal sub-division of land for ushering an ?environment and era of?planned ?urban development in the country.

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