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"APPROPRIATNESS IN LAND POOLING TECHNIQUE"
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CERTIFICATE
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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)
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)
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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
7
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
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
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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
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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.
1901 11%
1991 26%
2001 28%
2011 31%
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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.
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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.
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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.
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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
Authority: -
i. Local government
ii. Land Owner Association
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.
Authority: -
i. 1930:
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ii. 1960: City/ Town Government carried out project
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.
Authority: -
i. Local government
ii. Land Owner Association
iii. The Ministry of Construction
iv. The three National Government development corporation
For Land Pooling project, the national government Financial support is very less,
so land owner share was calculated on the basis of market value
Authority: -
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Strategies use for of LP scheme: -
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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.
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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.
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Forces for imbalanced urban system
Following reasons are identified for the urban problems which affect the urban system:
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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.
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.
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.
Land Acquisition:
Information collection
Public notice regarding locus standing (hak dabi) from the related office. Duration
of this period is of three months.
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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 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:
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:
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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
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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.
Finding:
4.6. The feasibility study of land readjustment for kampung upgrading in Jakarta
Andri Supriatna
Finding:
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.
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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.
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.
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a statutory basis for public participation in the planned development of the
country.
Objective:
Finding:
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4.9. Articles Related to Topic in News paper
37
Figure 9: Published Article in Newspaper 'Sakal’
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.
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Figure 10: Published Article in Newspaper 'Loksatta’
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4.10. Model where Land Pooling Technique used for Land Development
NAINA MODEL
40
Figure 11:Map of NAINA and Navi Mumbai
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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
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5. COMPARISON BETWEEN TOWN PLANNING SCHEME AND LAND
POOLING TECHNIQUE: -
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
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Approach Incorporation of land in Incorporation of land in
Master Plan Master Plan
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
Table 2: Comparison between Town Planning Scheme and Land Pooling Scheme
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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.
45
6.3. Procedure of Town Planning Scheme: -
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.
Town Planning
Scheme Stage2. Preliminary 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.
Base Map for Preparing Town Planning Defining the boundary of the Town
Scheme Planning Scheme
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.
51
7. LAND POOLING TECHNIQUE IN 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.
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-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
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
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
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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
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
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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.
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
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c) For all the required infrastructure with in the
developed non-agriculture plot for obtaining
development permission as per the rules
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
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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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