Thu, Dec 05, 2024
Business Bottomline, Policy Plunge
The Gujarat government’s changes in the state’s TP (Town Planning) schemes, announced through a circular on August 23, have potential to engender fundamental changes in how land acquisition and development is carried out in the state.
The process of making a TP scheme, and then getting it approved, would earlier take years, and involve significant corruption, causing frustration for the public. All that is set to change now, say experts.
What Is A TP Scheme?
The TP Scheme is a land pooling and readjustment mechanism that allows a city administration to reshape a previously undeveloped parcel of land, and develop it with amenities and services like roads, parks, social infrastructure and utilities. Many countries, including Japan, have adopted this tool. In India, according to an Asian Development Bank Working Paper, the TP Scheme was institutionalised over 100 years ago, “but legal, institutional, and financial challenges have caused scant implementation”.
The successful cases are mostly concentrated in Gujarat. At present, a total of 451 TP schemes are operating across the state. Of them, 384 are at a preliminary stage and 67 in the final stage.
These changes are expected to speed up the process, improve accuracy and curb the unchecked authority and corruption of Town Planning Officers (TPOs).
What Are The New Guidelines?
The Urban Development department’s circular, detailing new guidelines for creating TP schemes, gives strict timelines for every step.
Some of the key points worth noting are:
Preliminary Work: Before announcing the intention to create a TP scheme, the area must be surveyed using updated topographical surveys with GPS. This was absent in the earlier rules. The survey will document existing infrastructure like railways, roads, water bodies, canals, electric and gas lines, drainage, trees, etc. Once the survey is completed, the data must be submitted to the Office of the Director of Land Records (DILR) within 15 days, which has to review and return the data within 10 more days.
TP Scheme Announcement: Once the preliminary survey is complete, the competent authority will officially announce the intention to create a TP scheme. This will be followed by preparing a map of the Original Plan (popularly called OP Plan No. 2), showing the boundaries of the original plots within 45 days.
Landowners and stakeholders will be given 30 days to submit any objections or suggestions based on the map, along with required documents like land details, non-agricultural permissions, etc.
These objections will also be sent to the DILR office, which has to review them within 10 days and submit its feedback to the competent authority. Based on the feedback, an approval committee would then have to finalise the OP Plan within 10 days. Once finalised, no further changes would be allowed.
Earlier, the first step used to be the declaration of intent, without any exhaustive survey of the land use and cover.
Drafting the TP scheme: The process of drafting a TP scheme will begin after the OP Plan is finalised. A meeting of landowners has to be called within 60 days, where their objections can be collected and sent to the Chief Town Planner (CTP) for feedback. If the CTP does not respond within 15 days, the draft scheme will proceed as approved, and the TPOs can begin their work.
Preventing Delays: During the draft approval process, if landowners from any particular section of the scheme declare they have no objections, the final plot can be approved for that section immediately. This means the TP scheme will be considered finalised for those plots, without them needing all other plots within the overall scheme to be finalised, thereby speeding up the process. This approach aims to reduce corruption by landowners, who would often themselves delay the approvals, allegedly in conjunction with TPOs, to take advantage of other provisions in the TP scheme, manipulate plot boundaries and benefit certain landowners.
Transparency in TP scheme decisions: Once the preliminary TP scheme is submitted to the government, its soft copy will be uploaded on the competent authority's website. This allows for the issuing of plot validation certificates and development permissions, without waiting for final approval from the government, reducing unnecessary delays. Earlier, only the hardcopy was available, which was difficult to access and refer to when needed. When landowners went to the concerned authority to initiate any construction, they were asked to provide the TPO’s approval, or wait for the final official approval, which took much longer.
Another change is that henceforth, TP schemes can’t include roads narrower than 18 metres. As a result, TPOs can’t allow construction of high-rise buildings on roads narrower than 18 m — allegedly another avenue for corruption.
What Are Experts Saying?
Ahmedabad town planner Pratik Dave explained, “The new rules will eliminate any manipulation by landowners during the TP process, where they would often delay the scheme to take advantage. Now, once OP Plan No. 2 is finalised, no further changes will be allowed, preventing such practices.”
Urban planning expert Utpal Patel added, “Previously, landowners would face difficulties in obtaining plot validation certificates and development permissions, as they had to wait for the TPO’s decision. This often led to corruption. Now, these permissions will be directly handled by the competent authority, reducing the scope for misconduct by TPOs.”