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"APPROPRIATNESS IN LAND POOLING TECHNIQUE"

Submitted in partial fulfilment of the requirements of the degree of Master of Technology


by
Latika P. Gawali
MIS No. 121518006

Under the Guidance of


Prof. Aroon Patharkar

Civil Department : Town and Country Planning

COLLEGE OF ENGINEERING PUNE


Wellesley road, Shivaji Nagar, Pune - 411005.
2015 - 2017

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"APPROPRIATNESS IN LAND POOLING TECHNIQUE"

Submitted in partial fulfillment of the requirements of the degree of Master of


Technology
by
Latika P. Gawali
MIS No. 121518006

Under the Guidance of


Prof. Aroon Patharkar

Civil Department : Town and Country Planning

COLLEGE OF ENGINEERING PUNE


May 2017

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CERTIFICATE

This is to certify that the thesis/dissertation/report entitled ' APPROPRIATNESS IN


LAND POOLING TECHNIQUE ' has been submitted by Latika P. Gawali, (MIS
No.121518006), in the partial fulfillment of the requirement for the award of degree of
Master in civil with specialization in Town and Country Planning of College of Engineering
Pune.

Prof.Aroon Patharkar Prof. P M Rawal


(Under Guidance) ( Head of Department)
Date: Town and Country Planning
Place: Pune College of Engineering Pune
Department: Civil Engineering

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"APPROPRIATNESS IN LAND POOLING TECHNIQUE"

By
Latika P. Gawali
(121518006)
Is approved for the degree of
Master of Technology in Town and Country Planning
Of
Department of Civil Engineering, College of Engineering Pune.
(An autonomous institute of Govt. of Maharashtra)

Examiner Name Signature

1. External Examiner ___________________

2. Internal Examiner ___________________

3. Supervisor (s) ___________________

Date :
Place : Pune

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Declaration

I declare that this thesis report submission represents my work in my own words
and where others' ideas or words have been included, I have adequately cited and referenced
the original sources. I also declare that I have adhered to all principles of academic honesty
and integrity and have not misrepresented or fabricated or falsified any
idea/data/fact/source in my submission. I understand that any violation of the above will be
cause for disciplinary action by the Institute and can also evoke penal action from the
sources which have thus not been properly cited or from whom proper permission has not
been taken when needed.

(Signature)

Miss. Latika P. Gawali


(121518006)
Date:
Place: Pune

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Acknowledgement
First and foremost, I would like to express my deep gratitude to my thesis guide, Prof.
Prof.Aroon Patharkar Sir for his enormous support and encouragement. I will forever be
indebted to him for the knowledge and experiences shared by him.
I would also like to thank all the faculty members for always helping and guiding whenever
approached, Dr. Pratap Rawal, Dr. S G Sonar, for having permitted me to carry out master
degree thesis as per my choice. I would also want to thank Prof. Rajan Kop for their
constant advice and guidance during the review
My sincere thanks to few experts and officials whose guidance and practical perspective
was worth taking into consideration for the project, worth mentioning Mr. Suklikar
(MSRDC office Mumbai), Mr.Warade (Town Planning Office Shrirampur) and other
working staff in various offices and departments.
I want to thank all my friends and classmates for their help, support and encouragement.
Lastly, I thank my family members without whose encouragement this endeavor would
have been incomplete.
Miss. Latika P. Gawali
121518006

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Content

Contents
1.INTRODUCTION .......................................................................................................... 10
2. LAND POOLING PROCESS........................................................................................ 10
3. PROJECT FORMULATION......................................................................................... 10
4. Literature Review........................................................................................................... 10
5. Comparison between Town planning scheme and land pooling Technique .................. 11
6. Land Pooling mechanism under Town Planning Scheme in Maharashtra Regional and
Town planning Act 1966 ................................................................................................... 11
7. Land pooling technique in Maharashtra highway act 1955 ........................................... 11
1.INTRODUCTION .......................................................................................................... 18
1.1. History..................................................................................................................... 18
1.2. What is Land Pooling? ............................................................................................ 19
1.3. Background and Need of study ............................................................................... 20
2 LAND POOLING PROCESS: - ..................................................................................... 21
2.1. Detail land Pooling method .................................................................................... 21
2.2. Land Pooling techniques work better in the following condition ........................... 22
2.3. Merits of Land Pooling Technique ......................................................................... 22
2.4. Demerits of land pooling technique: - .................................................................... 22
2.5. International Experience of Land Pooing Technique ............................................. 23
2.5.1. Country: Japan ..................................................................................................... 23
2.5.2. Country: Taiwan .................................................................................................. 23
2.5.3. Country: South Korea .......................................................................................... 24
2.5.4. Country: Australia ................................................................................................ 24
2.5.5. Conclusion for international experience of LPS .................................................. 25
2.6. Conclusion on Land Pooling Technique ................................................................. 25
3. PROJECT FORMULATION......................................................................................... 26
3.1. Aim: - ...................................................................................................................... 26
3.2. Objective: -.............................................................................................................. 26
3.3. Scope: - ................................................................................................................... 26
3.4. Limitation: - ............................................................................................................ 26
3.5. Methodology: -........................................................................................................ 26

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3.6. Probable outcome: - ................................................................................................ 27
3.7. Detail Methodology: - ............................................................................................. 27
4. LITERATURE REVIEW AND CASE STUDY REATED TO TOPIC ....................... 28
4.1. Imbalances of Urban System: Forces and Suggestions .......................................... 28
4.2. Land Use and Development in Urban Planning: Space for the Marginalized ........ 30
4.3. Land Policy Instruments in Nepal.......................................................................... 30
4.4. STATE LED INNOVATIVE MECHANISMS TO ACCESS SERVICED LAND
IN INDIA ....................................................................................................................... 32
4.5. Introducing the urban land pooling/readjustment technique into Thailand to improve
urban development and land supply .............................................................................. 34
4.6. The feasibility study of land readjustment for kampung upgrading in Jakarta....... 34
Andri Supriatna .............................................................................................................. 34
4.7. Town Planning scheme as a tool for plan Implementation and public participation-
Legislative framework ................................................................................................... 35
4.8. National Workshop on Dissemination of Land Pooling Knowledge to Indian States
Planners (News Letter)- ................................................................................................. 36
4.9. Articles Related to Topic in News paper ................................................................ 37
4.10. Model where Land Pooling Technique used for Land Development ................... 40
5. COMPARISON BETWEEN TOWN PLANNING SCHEME AND LAND POOLING
TECHNIQUE: - ................................................................................................................. 43
6. LAND POOLING MECHANISM UNDER TOWN PLANNING SCHEME IN
MAHARASHTRA REGIONAL AND TOWN PLANNING ACT 1966 ......................... 45
6.1. Broad Features of Land pooling process in TPS of MRTP Act 1966 .................... 45
6.2. Objective of TP Scheme: - ...................................................................................... 45
6.4. Procedure consist of the local Authority (The Town Municipal Authority) for town
Planning Scheme: - ........................................................................................................ 46
6.5. Hierarchy of Regional and Town Planning process: - ............................................ 48
6.7. Preparation of Town planning Scheme: - ............................................................... 49
6.8. TP Scheme dived into 2 main parts: - ..................................................................... 50
6.9. Formulation of Town Planning Scheme: - .............................................................. 50
6.10. Merits of Town planning Scheme: - ..................................................................... 51
6.11. Demerits of Town Planning Scheme: - ................................................................. 51
7. LAND POOLING TECHNIQUE IN MAHARASHTRA HIGHWAY ACT 1955 ...... 52
7.1. History of Maharashtra Highway Act 1955 ............................................................ 52

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7.1.1. The Bombay Highway Act 1955 provided for: ............................................... 52
7.2. Introduction of Land Pooling Technique in Act ..................................................... 52
7.3. Land pooling process in Detail under Maharashtra Highway Act 1955 ................. 53
7.4. Compensation criteria for Affected Families .......................................................... 57

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Content

1.INTRODUCTION
1.1. History
1.2. What is Land Pooling?
1.3. Background and Need of study

2. LAND POOLING PROCESS

2.1. Detail land pooling method


2.2. Land pooling techniques work better in the following condition
2.3. Merits of land pooling technique
2.4 Demerits of land pooling technique
2.5 International experience of land pooing technique
2.5.1. Country: Japan
2.5.2. Country: Taiwan
2.5.3. Country: South korea
2.5.4. Country: Australia
2.5.5. Conclusion for international experience of Land Pooling Scheme
2.6 conclusion on land pooling technique

3. PROJECT FORMULATION
3.1. Aim
3.2. Objective
3.3. Scope
3.4. Limitation
3.5. Methodology
3.6. Probable outcome
3.7. Detail Methodology

4. Literature Review
4.1. Imbalances of Urban System: Forces and Suggestions
4.2. Land Use and Development in Urban Planning: Space for the Marginalized

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4.3. Land Policy Instruments in Nepal
4.4. State led innovative mechanisms to access serviced land in india
4.5. Introducing the urban land pooling/readjustment technique into Thailand to
improve urban development and land supply
4.6. The feasibility study of land readjustment for kampung upgrading in Jakarta
Andri Supriatna
4.7. Town Planning scheme as a tool for plan Implementation and public
participation-Legislative framework
4.8. National Workshop on Dissemination of Land Pooling Knowledge to Indian
States Planners (News Letter)
4.9. Articles Related to Topic in News paper
4.10. Model where Land Pooling Technique used for Land Development
NAINA MODEL

5. Comparison between Town planning scheme and land pooling Technique


6. Land Pooling mechanism under Town Planning Scheme in Maharashtra
Regional and Town planning Act 1966
6.1. Broad Features of Land pooling process in TPS of MRTP Act 1966
6.2. Objective of TP Scheme
6.3. Procedure of Town Planning Scheme
6.4. Procedure consist of the local Authority (The Town Municipal Authority) for
town Planning Scheme
6.5. Hierarchy of Regional and Town Planning process
6.6. Planning Process of Town planning Scheme
6.7. Preparation of Town planning Scheme
6.8. TP Scheme dived into 2 main parts
6.9. Formulation of Town Planning Scheme
6.10. Merits of Town planning Scheme
6.11. Demerits of Town Planning Scheme

7. Land pooling technique in Maharashtra highway act 1955

7.1. History of Maharashtra Highway Act 1955


7.1.1. The Bombay Highway Act 1955 provided for
7.2. Introduction of Land Pooling Technique in Act
7.3. Land pooling process in Detail under Maharashtra Highway Act 1955

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7.4. Compensation criteria for Affected Families

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List of Figure
Figure 1:land Pooling Process ........................................................................................... 21
Figure 2:Methodology ....................................................................................................... 26
Figure 3: Detail Methodology ............................................................................................ 27
Figure 4:Urban Land Policy Framework ........................................................................... 28
Figure 5: Urban Problems .................................................................................................. 29
Figure 6: Timeline tracing history of Accessing Land in India ......................................... 33
Figure 7: Land Readjustment model of Urban renewal ..................................................... 35
Figure 8: Published Article in Newspaper 'The Times Of India' ....................................... 37
Figure 9: Published Article in Newspaper 'Sakal’ ............................................................. 38
Figure 10: Published Article in Newspaper 'Loksatta’ ...................................................... 39
Figure 11:Map of NAINA and Navi Mumbai ................................................................... 41
Figure 12: Interim Development Plan................................................................................ 42
Figure 13: Town Planning Scheme Procedure................................................................... 46
Figure 14:Process of Town Planning Scheme ................................................................... 48
Figure 15: Preparation Stages of Town planning Scheme ................................................. 50
Figure 16: Land Pooling Scheme Procedure ..................................................................... 53

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List of Table
Table 1 Urban Population growth ...................................................................................... 19
Table 2: Comparison between Town Planning Scheme and Land Pooling Scheme ......... 44
Table 3 :Important Sections under Maharashtra highway act 1955 .................................. 56

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List of Abbreviations

CIDCO City and Industrial Development Corporation


DP Development Plan
DR Development Rights
EWS Economically Weaker Section
FSI Floor Space Index
GLD Guided Land Development
IDP Interim Development plan
JNPT Jawaharlal Nehru Port Trust
LAA Land Acquisition Act
LP/R Land Pooling/Readjustment
LPS Land Pooling Scheme
MMC Maharashtra Medical Council
MRTP Act Maharashtra Regional and Town Planning Act
MTHL Mumbai Trans Harbor link
NAINA Navi Mumbai Airport Influence Notified Area Scheme
NMIA Navi Mumbai International Airport
OCSDC Off-site City Level Service Delivery Charges
TDR Transfer of Development Rights
TPS Town Planning Scheme
UDPFI Urban Development Plans Formulation and Implementati

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1.INTRODUCTION
1.1. History
Land is the most important natural resource on which the life is depend. Land is free gift
from nature but limited quantity. Hence the use of land should be planned and proper
balanced manner. It is planner duty to study the land characteristics in different aspects
and then planned that area in proper way to sustain Utilization of land. Land is very
important resource for development and it is non-renewable, so it should utilize very
carefully. Land represents an important resource for the economic Development of a
majority of people. The way people handle and use land resources impacts their social
and economic well-being as well as the sustained quality of land. Land is used for
Agriculture, Residential and other activities like production. But because of demographic
pressure land is under stress.in fact it is effect on Agriculturist, Urbanization,
Transportation Network etc. The procedure of planning follows a stepwise approach,
Steps are:

• Master Plan
• Zonal Level Plan
• Sector Plan
• Sub Zonal level plan
• Layout Plan
• Local area plan etc.

but as planning without implementation is a waste of time and energy. these steps must
regularly be revised and adjusted when necessary. Land use planning is a tool to support
the orderly occupation and use of land and to avoid unplanned developments. In present
situation Population increasing rapidly so that the demand is also increasing, for that
optimum use of land is necessity.

India is a Developing country. India has very strong historical background of more than
2000 years, in the form of civilizations and associated systems, of which town planning
was a characteristic feature has been well researched by historians. India has a
predominantly agricultural background, so land is a first priority for development of
country. India is the seventh largest country in the world, land resource management is
becoming very important.

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As per census of India 2011, 377 million people lives in urban areas (around31% of
total population). The Urban population is increasing consistently over the years.

Year Urban Population (in %)

1901 11%

1991 26%

2001 28%

2011 31%

Table 1 Urban Population growth


According to Census of India 2011Estimated Urban population to be increase to 432
million. Because of migration and floating population slum area and Urban poor are
increasing this all aspects are affecting development of that area. Basic facilities required
for living for human beings are Housing, health care, transport Network, Water supply,
Power and waste management system
In India planning is done by various ways, most important way which included
Economic plan in form of five year plans by planning commission which was renamed as
NITI Aayog in 2015 which gives sectoral allocation of money which will be spent in
different sectors. In India Planning is done through various type of Development plan.
Master plan is made for Urban areas which governs the growth of urban areas. Another
popular way is to prepare Town planning scheme.

1.2. What is Land Pooling?


Land Pooling Technique is technique of pooling Land together under different
ownership and redistributing it in reconstituted form, after deducting the land required for
the road, Infrastructure Facilities and Amenities, And land return to the original land
owners in proportion to the value of their land contribution. Land readjustment projects
work best when they are implemented in small to medium-sized areas. Phasing could be
used within larger areas. Transform irregularly shaped land parcels to appropriate plots to
be used in more economical manner. Land pooling is a technique use for carrying out the
unified servicing and subdivisions od separate landholding for planned urban
development. In Land pooling scheme, original landowners are provided plots within the

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reshaped area which although smaller in size, but have access to infrastructure facilities
and services.
This technique is also known as Land Consolidation, Land Readjustment, Land
Replotting or Land Redistribution. It is widely used in Japan, South korea, Taiwan and
some Cities in Australia and Canada. Land Pooling technique also help to increase the
supply of land for low-income House holders. Land Pooling process involves the
grouping of separate land holding in urban fringe area for their planning, servicing and
subdivision as a single parcel with the sale of some of the new plots to recover the costs
of subdivisions and the redistribution of the other plots back to land owners.
Land pooling technique is mostly use for promoting efficient, sustainable and
equitable land development in the urban Area. The land readjustment agency must be
given powers to coordinate and to get access to assistance from various government
departments. A land readjustment scheme is typically governing by the municipal or the
national government.

1.3. Background and Need of study


For 6 decades, we were implementing development plan but level of
implementation is very low and in hardly 10 years they were not implemented more than
25% general. And because of Urbanization shortage in Infrastructure facilities, water
supply, sanitation, sewerage, housing, transportation and other facilities. The level of all
services in area is very poor.
Acquiring land under LA Act 2013 is a problematic method, therefore land
managing mechanism have to find out. In land pooling technique Gujrat has been
successful, Maharashtra has recently amended MRTP act and introduce the Town
Planning Scheme in it. Also the Bombay Highway act is amended, they pool lands
together to develop super express ways and built townships at important nodes.
In Course of M tech in Town and Country Planning I worked in Town Planning
and Valuation Department, Head office, Pune as an Intern, where I work under Town
Planning Scheme Vita. In that period, I understand that:
 Planning and Implementation process of TP Scheme in Maharashtra is very length and
Time-consuming process,
 Time limit for T P Scheme is not mentioned Properly.
So that I felt to study and find out appropriate mechanism of Land management.

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2 LAND POOLING PROCESS: -
2.1. Detail land Pooling method
i. Identification of land for Pooling which is then designated as the land Pooling
project.
ii. Find out each survey number (land Owner) land Price/ value of that land who
share their Land in land pooling project.
iii. Preparation of Draft Land Pooling scheme in consultation with land Owners &
relevant government authorities.
iv. Take a review & amendment of the draft scheme followed by the central
government approval of the final scheme with its publication.
v. Preparation of Plans and drawing for Scheme.
vi. Acquired land from land holders and consolidation of the land holdings, Roads
etc.in the selected area for pooling scheme.
vii. Carrying out land required for the Infrastructure Facilities, Road Network and
Amenities by calculating percentage wise distribution of land use by government
authorities.
viii. Redistribution of Land to owners.
ix. Sale of some land parcels to recover the cost.

Figure 1:land Pooling Process

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2.2. Land Pooling techniques work better in the following condition
i. The ownership of the selected land for pooling is fragmented into numerous
separate buildings.
ii. If the selected land for pooling is near the town or the city is physically
appropriate for urban development with utility network mains nearby.
iii. If selected land is near to urban/town are it is economical appropriate for
development with a market demand for land parcels sufficient to support the
profitable subdivisions of the land.
iv. It is good when majority land owners understand and support the pooling project.
v. If the formulation and implementation team for pooling scheme is knowledgeable
with all rules and regulations.

2.3. Merits of Land Pooling Technique


 It gives a good standard of subdivision parcel of land.
 This technique provides planned development of area.
 This technique is used to carry out the land servicing and subdivision of land.
 Provide proper road network and open spaces on land parcel.
 This technique is share by the development cost and return subdivision of land
between landowners in an equal quality.
 It recovers the cost of redistributed land value from the related land value,
increased within the project.
 This technique achieves the timely subdivision of urban fringe landholdings for
proper development of city/area.
 Land pooling technique can also be used to provide housing for low income
housing/EWS
 Land pooling technique also solves the problem of scattered land and poor
subdivision design, backlog of road network and public utility, land shortage and
high land value.

2.4. Demerits of land pooling technique: -


 Its time-consuming process.
 In framework, the procedure prescribed for preparation and implementation of
land pooling technique but time for that process is not mention clearly.

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2.5. International Experience of Land Pooing Technique
2.5.1. Country: Japan
In japan land Pooling technique is known as Land Readjustment Technique

purpose to adopt Land Pooling: -

 War damage area of towns


 Earthquake
 For Rehabilitation
 For Fire disaster area
 For Expansion of Urban Area
 1870: 1st implemented in Kobe

Authority: -

i. Local government
ii. Land Owner Association

Strategies use for of LP scheme: -

 70%- of the urban land pooling is carried out by Local Government and Land
Association.
 In past 95 years 300 land pooling Project carried out maximum built-up area.

2.5.2. Country: Taiwan


purpose to adopt Land Pooling: -

 For Industrial Development


 Higher density in area
 Condition of Housing is poor
 Slum and squatter settlement
 Unplanned growth
 1958: 1st implemented in Rural Area

Authority: -

i. 1930:

-Authorise by Land Law

-Administrated by central and Provincial government

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ii. 1960: City/ Town Government carried out project

Strategies use for of LP scheme: -

 Average 5% land sold for the cost of infrastructure


 30% government land taken for the road network and Other Purpose

The Kaohsiung city government undertaken 21 land pooling projects between 1958 to
1982. In Most of these project land provided for mixed residential, business land use,
mainly in walk-up distance of multi-story building. In some project install major
Infrastructure and Facilities.

2.5.3. Country: South Korea


purpose to adopt Land Pooling: -

 1930: 1st implemented in Rural Area


 1936: 1st implemented in Urban Area in Seoul, 60% Urban Expansion
 1990: In south korea 30% Urban Expansion by land pooling

Authority: -

i. Local government
ii. Land Owner Association
iii. The Ministry of Construction
iv. The three National Government development corporation

Strategies use for of LP scheme: -

 For Land Pooling project, the national government Financial support is very less,
so land owner share was calculated on the basis of market value

2.5.4. Country: Australia


purpose to adopt Land Pooling: -

 It is authorised by WA Town planning department and Development act1928

Authority: -

i. Main Infrastructure network by state government


ii. Local Infrastructure network by land subdivision

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Strategies use for of LP scheme: -

 Land owner’s shares are based on the market Value

2.5.5. Conclusion for international experience of LPS


According to above studies of LPS is shown as positive techniques for implementing
plans, this technique is self-financing.

2.6. Conclusion on Land Pooling Technique


land acquisition under LA Act 2013 is most prominent issue being faced by government
to develop urban infrastructure. Land pooling method is good for addressing this issue
and expediting the development of urban infrastructure.

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3. PROJECT FORMULATION
3.1. Aim: -
 To find out appropriate method of land pooling (for land owner as well as
Government).

3.2. Objective: -
 To study Land pooling technique under The Maharashtra Regional and Town
Planning Act1966, Maharashtra Highway Act, 1955, Land Acquisition,
Rehabilitation & Resettlement Act 2013.
 To study different land pooling Models being used in India.
 To redefine Parameters to increase Attractiveness of land pooling technique.
 To study the Experts and Public Opinion regarding land Pooling technique.

3.3. Scope: -
 To find out appropriate way of Land Pooling & Frame new Policies.

3.4. Limitation: -
 To study Maharashtra Regional and Town Planning Act 1966, Maharashtra
Highway Act 1955, Land Acquisition, Rehabilitation & Resettlement Act 2013.

3.5. Methodology: -

Figure 2:Methodology

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3.6. Probable outcome: -
 Design a new town by using redefine parameters in Land Pooling Technique.

3.7. Detail Methodology: -

Shortcoming of the Foregoing Act/ Policies/ Models &


Improvement Strategies for that
Detail study on
existing scenario  Data collection of: -
of TP scheme in a) Primary survey-
MRTP Act and -Advices from Experts & Public opinion
Land Pooling -Questionnaire for implemented TP Scheme
Acts b) Secondary source: - collection of data
 From different agencies or authority who work on
models of LP: -
Background of Area selection for scheme, Area Pooling for
Scheme from owners, reconstitution of land, Type of
Compensation given to owner, Road network and
Infrastructure provision in scheme, Relocation and
Rehabilitation of any settlement in affected area
 Land Acquisition, Rehabitation & Resettlement Act
2013,
 MRTP Act
 Bombay Highway Act 1955.

Find out essential tool in TP scheme in MRTP and


Land Pooling method
Exploring of TP
scheme in MRTP  Analysis and Observation based on surveys : -
Act and Land a) Level of Satisfaction of Land Owners
Pooling Acts b) Level of provision of Road network
c) Level of Provision of Infrastructure in implemented
scheme
d) Level of Implementation of Amenities and Satisfaction
e) Current scenario of implemented scheme
f) If any issues related to Scheme

Frame a New Land Pooling policy for


Redefine
development
Parameters use
in above 3  Parameters in terms of: -
Acts/Models a) Time require for Implementing scheme
b) Compensation to Land owners
c) reconstitution of Land and its redistribution

Figure 3: Detail Methodology

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4. LITERATURE REVIEW AND CASE STUDY REATED TO TOPIC
4.1. Imbalances of Urban System: Forces and Suggestions
Dr. Ashwani Luthra
Objective:
 Urban development has always remained an important indicator of development
of any region.
 Various development policies and programs adopted by different countries /
states

Finding:

 It should lay down a policy for rational growth; development and management of
urban centers so as to improve their effectiveness and Efficiency in terms of their
capacity to generate employment; improve Environment; provide basic
infrastructure.
 Land pooling technique is also tackle the issues related to slums, land
management, finance, etc.
 Land Acquisition Act, etc; are welcome steps towards judicious development for
all sections of the society.

Relevance to selected topics:


Unplanned urban system invites various urban problems of different level.
Haphazard and unauthorized development of land, create slums and squatters, and its create
excessive pressure on basic infrastructure, environmental degradation. Lack of co-
ordination between different policies and programmes have been the identified factor
responsible for pitiable environment in such towns and cities.

Figure 4:Urban Land Policy Framework

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Forces for imbalanced urban system

Following reasons are identified for the urban problems which affect the urban system:

I. Location of the Settlement


II. Economic resources
III. Concentration of Investment
IV. Biased Governance
V. Political Interference

Figure 5: Urban Problems


Suggestions for a balanced urban system:

 A perspective urban development policy should be evolved to guide planned


urbanism in the region for 20-30 years. The policy should lay guidelines for urban
land management, industrial development, housing provision, infrastructural
development, fiscal framework and legal pursuits in the region.
 Regional approach should be used while preparing urbanization policy.
 investments should be made in infrastructure such as rail and road transport,
electricity and water supply, telephone and communication.
 Planning and development processes in urban centres should be made democratic.

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4.2. Land Use and Development in Urban Planning: Space for the Marginalized
Sasmita Rout

Objective:

Focusing on land use planning within the existing power structure to address the issues of
marginalized in different urban space like inner city, slums and sub - urbs /peri - urban in
Indian cities.

Finding:

 Urban land development mechanism categorizes into two, such as land acquisition
and land pooling mechanisms.

 Land acquisition mechanism enables government agency to acquire any land for
public purpose against some fixed compensation to the owner.

 Land pooling but the overall value multiplied several times with readjustment of
the land for providing common urban infrastructure facilities.

Relevance to selected topics:

Master Plan process is to prepare land use and infrastructure development plan of the city.

Urban land development mechanism categorizes into two, such as land acquisition and land
pooling mechanisms.

Land acquisition mechanism enables government agency to acquire any land for public
purpose against some fixed compensation to the owner. Land pooling deduced the land area
of the owner (gives 40 percent of the original land which varies in practice) but the overall
value multiplied several times with readjustment of the land for providing common urban
infrastructure facilities.

4.3. Land Policy Instruments in Nepal


Ram Bhandari Chhetri

Objective:

exploring the possibility of a mechanism that will attract substantial investments from the
private sector by mobilizing the existing capital market.

30
Finding:

The need of the reformation emerges due to the limitations of the existing land policy and
guidelines.

the tools of urban land development like land acquisition, land development, land pooling
and readjustment, GLD, land sharing and site and services can be used to improve the
existing urban Area and create a poised urbanization in the fresh sites.

All landowners may not agree to sell their land but may agree to participate as a partner for
their land development.

Landowners may put their land for development as a partner but may not have finance to
fund for the infrastructure.

Likewise, landowners may not have expertise to make a land development project.
Therefore, a partnership between landowner, financer (bank) and a planner would facilitate
better land development.

Relevance to selected topics:

Tools of Urban Land Development

Land Acquisition:

Land Acquisition Process in Nepal:

 Preparation of project documents

 Information collection

 Public notice regarding locus standing (hak dabi) from the related office. Duration
of this period is of three months.

The problems affecting land acquisition:


a) rapidly rising land prices which bag down negotiations and payment of
compensations;
b) many land owners still do not have certificate of land title
c) inadequate registered records (e.g. grandson uses the asset but the dead
grandfather still holds the land title, transfer of land ownership has not been done
yet)

31
d) inadequate or not updated maps
e) land owned by different trusts
f) land owned by many people
g) people do not come to claim their land or do not come to take compensation
h) small landholdings
i) people do not want to pay for betterment value

Four Widely used development techniques for land Development which helps the Land
Management System:
1) Land Pooling/ Readjustment

The concept of land readjustment is to assemble small rural land parcels into a large land
parcel, provide it with infrastructure in a planned manner and return the reconstituted land
to the owners, after deducting the cost of the provision of infrastructure and public spaces
by the sale of some serviced land.
2) Guided land development (GLD)

This technique is mostly used for Provision of Infrastructure in Urban Fringes.


3) Site and Services

This technique is mostly used for Target group with basic Infrastructure Facilities like water
supply, Sewage Treatment, sanitation facilities.
4) Land-sharing

In this technique, the landowners and the land occupants (squatters or tenants) reach an
agreement the landowner develops the economically most attractive part of the plot and the
dwellers build houses on the other part with full or limited land ownership.
4.4. STATE LED INNOVATIVE MECHANISMS TO ACCESS SERVICED LAND
IN INDIA
Rejeet Mathews, Madhav Pai, Tintu Sebastian and Souhardhya Chakraborty

Objective:

Alternatives to Access Planned and Serviced Land in India.

Finding:

It is difficult to find out single model that can be applied in an area which accepted by all
stakeholders as well as owners. Six different mechanisms are:

1) Broadly defined public Purpose

32
2) Recognition of Rights
3) Intermediaries Cash in on Knowledge Asymmetry
4) Benefits Targeted at the Economically Weaker Section Often do not Percolate
5) Disjointed Development Patterns despite a Holistic Macro Spatial Plan
6) Efficiency in achieving the objectives of procurement

Relevance to selected topics:

Figure 6: Timeline tracing history of Accessing Land in India


Image Source: WRI India’s forthcoming publication on ‘Alternatives to Access Planned and Serviced Land
in India’
Six unique state led mechanisms to access land for public purposes:

 Town Planning Scheme - Employs a land readjustment technique

33
 Land Pooling Scheme - Employs a land pooling technique
 Joint Development Model - Employs a public private partnership method
 NAINA Scheme - Employs a land pooling cum eminent domain technique
 Accommodation Reservation and Transferable Development Rights - Employs a
built-up area in lieu of land lost for public purpose technique
 Cluster Redevelopment Scheme - Employs a built-up area and redeveloped
building in lieu of urban renewal technique.

4.5. Introducing the urban land pooling/readjustment technique into Thailand to


improve urban development and land supply
R.A. Archer

Finding:

land pooling/readjustment (LP/R) is a technique for managing the planned development of


urban-fringe lands, whereby a government agency consolidates a selected group of land
parcels and then designs, services and subdivides them into a layout of streets, open spaces
and serviced building plots, with the sale of some of the plots for cost recovery and the
distribution of the remaining plots back to the landowners to develop or to sell for
development.

4.6. The feasibility study of land readjustment for kampung upgrading in Jakarta
Andri Supriatna
Finding:

 land readjustment is a multipurpose technique can provide a number of benefits in


Urban development, including land assembly for project sites.

 Government land acquisition for public purpose, construction of network


infrastructure, official plan implementation equitable sharing of cost & benefits,
land title registration & timely land development (Ray W Archer,1994).

 The land readjustment process despite reduction in size, the conversion of land
into serviced urban plots in regular forms and sizes, the easy of marketability &
the continuation of ownership after LR (S.Sturk Turk2008)

 The LR has also a potential to self-financing by selling the reserve land for
commercial use.

34
 The LR may not be able to produce housing needs for certain number of units per
years, but it can be used in some ways to provide land and housing for urban poor
notably where the low-income group in Kampung & the upgrading take place on
the site.

Figure 7: Land Readjustment model of Urban renewal

4.7. Town Planning scheme as a tool for plan Implementation and public
participation-Legislative framework
D.S. Meshram, R. P. Bansal (Book)

Finding:

 Under the Gujarat Act, the operative part of the scheme which consist of the lay-
out & re-constitution of plot can be separately finalized by the Arbitrator as a
preliminary scheme and can separately be sanctioned by government the
advantage is that as soon as the preliminary scheme is sanctioned, the execution of
work can be started.

 The TP scheme model as a self-financing mechanism in the planning and


servicing of urban areas, it is necessary that excessive delays encountered in
processing and implementation and other administrative bottlenecks are
minimized & the system of land titling & registration records and improved which
pose major constraints in successful implementation of TP scheme, which provide

35
a statutory basis for public participation in the planned development of the
country.

4.8. National Workshop on Dissemination of Land Pooling Knowledge to Indian


States Planners (News Letter)-
Prof. Dr. Ashok Kumar

Objective:

Importance of land Pooling method

Finding:

 The models of land development have relied conventionally on land acquisition


which vests all land and property rights with the government on payment of
compensation.
 land pooling method creates a win-win situation for both the original land owners,
developers and the society. Land pooling involves the basic steps of consolidating
land parcels (assembly or pooling), planning of the consolidated land and
allocation of new plots (land readjustment) to original land owners.
 In this process, irregular land parcels are reorganized and the deducted land is
used for provision of infrastructure and common amenities.

Relevance to selected topics:

 Benefits of Land Pooling: -


a) Fair distribution of benefits and costs among the land owners
b) Land mobilization for urban development, infrastructure projects without
expenditure or with minimum expenditure, self-financing nature of development
c) Land acquisition is becoming difficult and contentious while L.P. is a viable
alternative
d) Fair and democratic method and enables preservation of land titles for the owners
e) Retains stake of land owners in new development.
 Land forms the canvas of development and land pooling and readjustment
methods are fair, inclusive and sustainable.
 Land pooling and hybrid models need to be explored and customized for
implementation of development plans, redevelopment of areas.

36
4.9. Articles Related to Topic in News paper

Figure 8: Published Article in Newspaper 'The Times Of India'

37
Figure 9: Published Article in Newspaper 'Sakal’

 Article in newspaper ‘SAKAL’-May2017

CM of Maharashtra said that ‘Samruddhi Maha marg’ project is developed for backword
part of Maharashtra. This project is planned to connect Backword part to Develop part of
Maharashtra Region. As per this Article This project is Totally Against the farmers due to
that from initial stage of word government has planned to give them monitory
compensation. Due to that Road Development Authority deputy director Kiran Kurundkar
said that: -

-for single crop, non-irrigated agriculture land- for one acre 11,000 sq.m. develop plot

-for Temp irrigated agriculture land with a minimum 2 crop cycle- for one acre 12,000
to13,500 sq.m. develop plot return to farmers.

38
Figure 10: Published Article in Newspaper 'Loksatta’

39
4.10. Model where Land Pooling Technique used for Land Development
NAINA MODEL

(Navi Mumbai Airport Influence Notified Area)

 Authority: - Special Planning Authority (by CIDCO)


 Total Project Area: - 561.72 sq.km. (over Thane & Raigad)
 Raigad District-256 villages
 Thane District-14 villages
 Vision of NAINA: -
-Smart
-Sustainable
-Inclusive city with world class Infrastructure
-To be developed which will synergize growth impulses of Jawaharlal Nehru Port
Trust (JNPT), Navi Mumbai International Airport (NMIA), Mumbai Trans Harbor
link (MTHL) & Maharashtra Medical Council (MMC).
 Voluntary method for acquiring land:
-Land requires for infrastructure
-CIDCO sale to be acquired land through the mechanism called ‘NAINA Scheme’
-City must generate Finance for its development
 Cost of infrastructure facility to be get from:
-Sale commercial land from growth center
-Development Charges for Land development
- collection from off-site city level services delivery charges
 NAINA Development Plan has 2 Phases:
-Phase 1: -160.64 sq.km.
-Phase 2: -401.08 sq.km.
 NAINA Scheme: -
100%-Minimum Land Aggregation of 10 Ha(7.5Ha)
-60% land return to owner
-40%land inclusive of DP Reservation [Handed over to Authority free of cost]
(a+ b)
a) 25%-Land used for Infrastructure Development
b) 15%-Land to be retained by CIDCO to meet infrastructure
development cost

40
Figure 11:Map of NAINA and Navi Mumbai

 Under NAINA Scheme:


-Permissible FSI Provision: -1.7 FSI,
NAINA Scheme has free FSI for EWS/LIG class
-20 % of saleable component to be developed for EWS class
- OCSDC (2.311/sq.m.) not payable
-For Infrastructure provision 40% land is taken from land owners
->40% voluntary land surrender to be compensated by giving addition land with
some FSI Potential

41
 NAINA project benefits: -
i. Well planned/ Developed area
ii. Employment Opportunities
iii. Excellent quality Infrastructure
iv. Access to health and education facilities
 Benefits of NAINA Scheme: -
- Every Land contributes 40% of total land
- From 0.1 to 0.3 FSI increase up to 1.7
- Cost of basic amenities and Facilities of both city and peripheral level to be
come from CIDCO
- Deemed Non-Agriculture status
-For EWS and LIG housing provision are there
 To prepare DP within 3 Years from the date of appointment CIDCO has decided
to Prepare an Interim Development plan(IDP)
 IDP-1(Pilot Project)
-37 sq. km. area
-23 villages
-Published on August 14, 2014
-5 years for Infrastructure Development

Figure 12: Interim Development Plan

42
5. COMPARISON BETWEEN TOWN PLANNING SCHEME AND LAND
POOLING TECHNIQUE: -

Town Planning Scheme Land Pooling Scheme

Public purpose Approximately Define Approximately Define


/Infrastructural Facility
Land Procurement Detailed and vigorous Detailed and vigorous
Process
Efficiency in achieving 1.Procurement Process is This mechanism is not tested
objectives capable in yet

2.But it’s too protracted


process for project
implementation,

is a drawback
Recognition of rights Individual rights of owners Individual rights, Group
For Land Owners and group owner’s rights are owner’s right as well as
mention in Act landless rights are
mention in the process
Landless rights are not
clearly mention

Compensation Developed land given as a Compensation includes


compensation Development plan as well
as Annuity for affected
family
Value of land On the date of declaration On the date of declaration of
of intention to prepare a intention to prepare a scheme
scheme is deemed to be is deemed to be the market
the market value for that value for that land
land

43
Approach Incorporation of land in Incorporation of land in
Master Plan Master Plan

Grievance redressal Its compulsory to setting up a Its compulsory to setting up a


Board of Appeal to address Board of Appeal to address
issues and conflicts of issues and conflicts of
Affected owners Affected owners

Sharing of benefits Through betterment levy and Through betterment levy and
sale of plots from reaming sale of plots from reaming
percent of land percent of land

Skill development of Not offered in the Policy Offers skill development


affected training

Restrictions on land No restrictions


No restrictions
procurement

Table 2: Comparison between Town Planning Scheme and Land Pooling Scheme

44
6. LAND POOLING MECHANISM UNDER TOWN PLANNING
SCHEME IN MAHARASHTRA REGIONAL AND TOWN
PLANNING ACT 1966

6.1. Broad Features of Land pooling process in TPS of MRTP Act 1966
MRTP Act 1966 has a provision for Regional plan, Development plan And Town Planning
Scheme. Under MRTP Act Planning Authority have a power to pooling and redistribution
of private lands for implementing town planning schemes and well planned urban
development. This method was introduced through “Bombay Town Planning Act: 1915.
T.P. Schemes are joint venture between the local authorities and the owner of the plots who
voluntarily agree to pool their land, redistribute that land among them and share the
development costs.

Under Town planning Scheme the land pooling process is like Pooled land together of
different owners and secure good layout of their lands, redistributed their land according to
some equitable formula and share the development cost according to similar formula. This
concept of Town Planning scheme being a joint land development project undertake by
owners them-selves. When a layout of the pooled lands under a Town Planning Scheme is
prepared it usually provides for roads and other lands required for gardens, schools, play
grounds etc. when a Town planning Scheme is prepared and finalized, the land so carved
out for public purpose vest in the Local Authority and remaining land is redistributed
among the owners.

6.2. Objective of TP Scheme: -


 Pooling of lands.
 Reconstruction of plot boundaries.
 Provision for social and physical infrastructure.
 Redistribution of reconstructed plots amongst original owners.
 Automatic acquisition of land for public purposes.
 Recovery of Betterment contribution to recover the cost of development.

45
6.3. Procedure of Town Planning Scheme: -

Publication Of Making Of Draft Making Of Draft


Declaration Of
Declaration in Scheme & Its Scheme & Its
Intention of TPS, 12M 6M
official Gazate Publication U/S Publication U/S
U/S 60(1)
U/S 60(2). 61(1). 61(1).
6M

To communicate Decision Of Sanction to the


Appointment Of
the decision of Arbitrator For All Draft Scheme by
2M 12M Arbitrator U/S 1M
arbitrator to the Matters Of Sect. State Govt. U/S
72(1)
aggrieved party 72(3) (68(2)

Submission Of The State Govt


Constitution Of
Final Scheme To may sanction or Effect of final
Tribunal Of 4M
The State Govt. refuse the scheme scheme U/S 88
Appeal U/S 75
U/S 82 U/S 86(1)

Figure 13: Town Planning Scheme Procedure

6.4. Procedure consist of the local Authority (The Town Municipal Authority) for
town Planning Scheme: -
i. Making a declaration of intention to prepare the scheme [Under Section. 60].
ii. Publication and declaration of intention in the official Gazette and newspapers.
iii. Consultation with owners (prescribed rules)
iv. Preparation of Draft Town planning Scheme which itself could be split up in the
following sub activities:
a. Making an inventory of all plots included in the scheme with their areas
and ownerships.
b. Pooling the lands, which has the effect of notional acquisition without
taking possession or without paying compensation. This notional
acquisition has the effect of obliterating individual plot boundaries and
thus gives a free hand to the planner to prepare the best possible layout.
c. The value of each owner’s land is worked out and entered in the statement
but not paid to the owner at this stage.
d. A layout of the pooled area is prepared which provides for roads and
public sites.
e. The remaining land is divided into suitable sized plots and is notionally
given back to the owners. Care is taken at this stage to ensure that plot

46
boundaries are improved to make them more suitable for building
construction.
f. The compensation which an owner is entitled to receive on account of the
reduction in the areas of his land is worked out and entered in the
statement but not paid at this stage.
g. An estimate is made of the extent to which the value of each newly formed
plot would be increased because of the scheme works.
h. According to this Act, 50% of the increase in value can be recovered by
the local authority to meet the cost of implementation of this scheme. This
amount of the betterment contribution is set off against compensation for
land reduction in the statement referred to earlier.
i. An estimate of the cost of implementation of the scheme is made.
j. Regulations of ensure that future development is orderly are made and
included in the scheme.
v. Objections and suggestions raised by the owners affected lands are considered and
draft scheme is modified, if necessary [Under section .61]
vi. Draft scheme is submitted to government for sanction [Under Section.61],
Government after Sanctioning the scheme [ Under section.68], Appointment of
arbitrator [Under Section.62] to finalise the draft scheme.
vii. The arbitrator after hearing all owners, finalise his scheme layout, determines the
compensation payable to each owner because reduction in his area, estimates the
betterment accruing to each owner’s land, work out the cost of implementation of
the scheme, calculates the percentage which betterment can be recovered to ensure
that no surplus is generated for municipal council decides other connected matters.
While taking these decisions after hearing the owners, he make deviations are of a
substantial nature, they cannot be made without hearing owners and the local
authority and without specific approval of government [Under Section.72].
viii. The Arbitrator publishes his award in respect of all above matters and sends
extracts of the same to each owner’s [Under section.72]
ix. The arbitrator’s decisions about layout of the scheme and about compensation
receivable by each owner because reduction in land area are final conclusive and
binding on every owner, but his decision about betterment are appealable owner’s
aggrieved by the arbitrator’s decision therefore make appeals against his decision.

47
x. Government constitute a Tribunal of Appeal for hearing the appeals. The tribunal
consists of a judicial officer as Chairman and two assessors appointed by him.
xi. Tribunal conducts a hearing into the Appeals of the land owners and sends its
decisions to the arbitrator for being incorporated in the scheme.
xii. The Arbitrator modifies the scheme financial statements in accordance with the
tribunal’s decisions and submits the scheme to government for final sanction
[Under Section. 86]
xiii. After the scheme is sanctioned, the land earmarked for roads and public works
immediately vests in the local authority dejure. Local Authority also takes steps to
affect the physical transfer of land as per scheme [under section.88]
xiv. The Local Authority then executes the scheme by carrying out the works to be
undertaken by them within the time limits prescribed by the Arbitrator.
xv. The Local Authority is also entitled to recover net amount of betterment
contribution as on the day fixed for the coming into force of the scheme and is
entitled to charge interest on amount remaining Unpaid.

6.5. Hierarchy of Regional and Town Planning process: -


In the hierarchy of MRTP Act 1966, the Reginal plan come at the top level first tier in
Development strategies, Development plan for city/ town level constitute the middle tier
and Town Planning Scheme constitute the third and lowest tier use for town or city plan.
Town planning scheme can be undertaken only for implementation of Development Plan,
not as separate unconnected exercise.

6.6. Planning Process of Town planning Scheme: -

Stage1. Draft Scheme

Town Planning
Scheme Stage2. Preliminary Scheme

Stage3. Final Scheme

Figure 14:Process of Town Planning Scheme

48
 Earlier TP Scheme procedure was time consuming procedure average time limit
was 9 to 10 years, sometimes it used to go to up to 30 to 40 year
 that’s why earlier TP Scheme technique delayed.
 so that get revised TP Scheme some modification was made in it.

6.7. Preparation of Town planning Scheme: -

Base Map for Preparing Town Planning Defining the boundary of the Town
Scheme Planning Scheme

Road Network in the Town Planning


Marking Original Plots on the Survey
Scheme
49
Road Network and Amenity plots in the Delineation of final plots in the
Town Planning Scheme Town Planning Scheme

Figure 15: Preparation Stages of Town planning Scheme

6.8. TP Scheme dived into 2 main parts: -


I. Physical part-in first step the final layout is carried out and it get sanction& then
implementation process start immediately.

II. Financial part-Then Financial part process will follow

6.9. Formulation of Town Planning Scheme: -


 Under TPS area selected for scheme is generally kept small, mostly 100-200 Hect
for managing and implementing the scheme effectively.
 An equal portion of land is deducted from every original plots to develop physical
and social infrastructure and for other facilities.
 Development plan Proposals including Zoning, reservation, roads network are
implemented as it is.

50
6.10. Merits of Town planning Scheme: -
 Avoids inter-personal inequalities.
 Equal sharing of cost & benefits.
 Land pooling without tears.
 No compulsory acquisition of land is needed.
 No person becomes landless.

6.11. Demerits of Town Planning Scheme: -


 In TP scheme freedom to plan is constrained.

51
7. LAND POOLING TECHNIQUE IN MAHARASHTRA HIGHWAY
ACT 1955

7.1. History of Maharashtra Highway Act 1955


For development of any area road network and Highway plays significant role at a
state level as well as national level. But the development along the highway not only
residential purpose but also other purpose like Industrial, commercial, essential Highway
facilities, amenities, service station, petrol pump, restaurant, when all these developments
take place with direct access on highway it is known as ‘Ribbon Development’

Development along Highway made significantly adverse effect on Road transport.


Its happens because of Inadequate width of Road, Local Traffic nearby Town or Unplanned
develop land, Road side advertisement and Encroachments on Highway.

For controlling ribbon development Maharashtra state government provided a


legal frame work name as Maharashtra Highway Act 1955.

This Act is also called as ‘Bombay Highway Act 1955’. This act is restricted only
for State of Maharashtra. Maharashtra Highway Act is provided for Restrictions on Ribbon
development along the Highways for the development and maintenance of Highway, for
the levy betterment charges.

7.1.1. The Bombay Highway Act 1955 provided for:


 Fixing Building or Control lines for limit on Building activities.
 Restricting new access on Highways
 Providing Alternative connection for existing access at a reasonable distance
 Send legal notice to encroachers
 Removal of encroachment if they are temporary
 Make property owners aware about Boundary lines, Fences, trees etc. that they not
cause obstruction of view
 Make property owners aware about advertisement that there is no obstruction
because of them

7.2. Introduction of Land Pooling Technique in Act


As per the Maharashtra Highway (Amendment) Act 2016 some new addition is provided
in Act:

52
-Land pooling scheme is introduced.

- Land Pooling scheme means assembly of land under different ownership falling with in
the Mark highway boundary and site for New town for purpose of construction of Highway
and development of New Town

- The Highway authority shall be Authority for Land Pooling Scheme

-Some Important parts of Land Pooling procedures are mentioning below:

Declaration of Publish the Acqusioin of land


intention of Road and Preliminary from Land owners
Land for Highway Notification in the who are not
and New Town Official Gazatte participated in Schem

Land Pooling
Certificate given to Allotment of Publication of Draft
affected land owners developed non- Final Layout of
after allottment of agriculture plots/ land scheme
plots

Publish notion of
Take possession on
Implementation of completion of
land from Land
Scheme. schemin Official
owners
Gazatte

Figure 16: Land Pooling Scheme Procedure


-Land Pooling scheme means Voluntary assembly of land parcels under different
ownership falling with in the highway boundary and the sites notified or proposed to be
notified as New Town.

7.3. Land pooling process in Detail under Maharashtra Highway Act 1955
Sections Important steps ins Scheme

Section -19 F Identification The Highway Authority may identify area for
of area for Land scheme
Pooling scheme
Land owners voluntarily participate in the scheme by
sending application to Authority

53
Section -19 G Declaration of * The Preliminary Notification of the broad
intention of objectives of scheme, area, survey nos, Gut nos as
scheme per the revenue Records

* The Competent Authority shall publish the


preliminary notification for the objection and
suggestions as well as consent for Voluntary
participation from Land Owners in the Official
Gazette

*The land owner or interested person shall submit


their objection and suggestion for the scheme in the
writing within 4-5 days from the date of such
publication

*The competent Authority Shall carry out the joint


measurement survey of land notified under scheme

*The Highway Authority shall consider record and


reports and Publish the Final Notification in the
Official Gazette

Section -19 H Verification of *The competent Authority Shall pass the appropriate
land Titles and order under his signature and seal about confirming
Extent of Title of ownership of land and extent of consent
consent

Section -19 I Disputed *The Competent Authority may hold the inquiry in
ownership the case of dispute over the claim of ownership,
inaccurate or inconclusive data in prescribed manner
before the final allotment

Section -19 J Acquisition of *Authority acquired land of land owners who have
land from land not voluntarily participated in the scheme as per the
owners not law applicable in acquisition of land
participating in
scheme

Section -19 k Publication of *The Highway Authority shall hear all objection and
Draft and Final suggestion from owners and considering record and
layout of may publish the final layout within the prescribed
scheme period

54
Section -19 L Vesting of land *Any person who wrongly occupying any land
with Highway vested with the highway authority, shall be
Authority summarily evicted by the Collector in the manner
provided in the Maharashtra revenue code 1966

Section -19 M Allotment of *The Highway authority shall allot the develop plot
developed non- to the land owners or interested person as per the
agricultural plot scheme declared by the government

Section -19 N Land Pooling *The Highway authority shall issue the Land Pooling
Ownership Certificate to the land owners who are eligible for
Certificate scheme

Section -19 O Exemption * no registration fee and stamp duty shall be charge
from payment from The Highway Authority for the Land Pooling
of Registration Certificate
fee, stamp duty
etc.

Section -19 P Power to take *The Competent Authority shall take possession of
possession on the land in the scheme from the owners or interested
land person to whom the Land Pooling certificate is
issued.

*The Competent Authority shall take possession of


the land acquired as provided in section 19J from the
owners or interested person to whom the Land
Pooling certificate is issued.

Section -19 Q Incorporation The Planning Authority Shall Incorporate the land of
of land in the Notified scheme area in the development plan of
development the town under the MRTP Act 1966
plan

Section -19 R Responsibilities a) Obtain all the permission and requisite ‘No
of owner of Objection Certificate’ required for the development
development of the allotted plot
Non- b) To pay necessary fees and charges as pre-law and
agricultural rules for the sanction of development permission
Plot before commencing any construction activity on the
allotted plot

55
c) For all the required infrastructure with in the
developed non-agriculture plot for obtaining
development permission as per the rules

Section -19 S Implementation *The Highway Authority shall implement the


of Scheme scheme in prescribed manner

*The Highway Authority shall carry out the Physical


demarcation of roads and plots of the final layout

*The Highway Authority shall hand over the develop


non-agriculture land to the certificate holders as per
the scheme

*The remaining infrastructure like water supply,


sewage treatment, solid waste management system,
park, playground and other amenities shall be
developed by the highway authority

Section -19 U Completion of *The Highway Authority shall publish notice of the
Scheme Completion of Scheme in the prescribed manner
with Detailed of the Allotment of developed non-
agriculture plot

Section -19 V Delegation of *The Highway Authority may as it is think fit,


Power Authorize and delegate its power to any officer for
this Act

*The selected officer may not below the rank of


Deputy Collector

Section -19 Restrictions on * After the declaration of Intention of the scheme as


Development provided in section 19G, without the prior
of land in the permission in writing of the Highway Authority no
scheme area land owners or interested people shall construct,
erect, build, excavate etc in the scheme area

Table 3 :Important Sections under Maharashtra highway act 1955

56
7.4. Compensation criteria for Affected Families
 The compensation amount has been determined by agreement between the
state government and the person to be compensated, it shall be determined
in accordance with such agreement
 Where no such agreement can be reached the state, government shall refer
the case to the land acquisition officer for determination of the amount of
compensation to be paid for such acquisition and persons to whom such
compensation shall be paid.

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