CHAPTER 4shodhganga.inflibnet.ac.in/bitstream/10603/28351/8/08_chapter 4.pdf · Priyanka Puri,...

Priyanka Puri, Department of Geography, Delhi School of Economics, Delhi University, Delhi-110007

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CHAPTER 4

DELHI’S MASTER PLANS: COMPATIBILITY WITH INTERFACE POLICIES

4.1. Introduction

4.1.1. The purpose of this chapter is to critically examine the compliance of the current

planning strategies for the capital in the light of select operational urban and

development policies. In the wake of this, the Plans are cross examined in the

context of select policies at national and international levels such as Agenda 21,

Local Agenda 21, UN Habitat initiatives, the 74th Constitutional Amendment,

Nagar Raj Bill, and Jawaharlal Nehru National Urban Renewal Mission’s City

Development Plan.

4.2. Agenda 21 and Local Agenda 21, UN Habitat Initiatives and the Master

Plans

4.2.1. Agenda 21 is a comprehensive plan of action to be taken globally, nationally and

locally by organizations of the United Nations System, Governments, and Major

Groups in every area in which human impacts on the environment. Agenda 21, the

Rio Declaration on Environment and Development, and the Statement of

principles for the Sustainable Management of Forests were adopted by more than

178 Governments at the United Nations Conference on Environment and

Development (UNCED) held in Rio de Janerio in 1992. The Commission on

Sustainable Development (CSD) was created in December 1992 to ‘ensure

effective follow-up of UNCED, to monitor and report on implementation of the

agreements at the local, national, regional and international levels’ (www.un.org).

The Agenda is divided into four sections in which Section One deals with Social

and Economic Dimensions, Section Two deals with Conservation and

Management of Resources for Development, Section Three deals with


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Strengthening the Role of Major Groups and Section Four deals with the Means

of Implementation (www.un.org).

4.2.2. In the forty chapters are proposed strategies for implementation. The full

implementation of Agenda 21, the Programme for Further Implementation of

Agenda 21 and the Commitments to the Rio principles, were strongly reaffirmed

at the World Summit on Sustainable Development (WSSD) held in

Johannesburg, South Africa from 26 August to 4 September 2002. The Summit

proposes ‘Cities without slums’ initiatives that include ‘action at all levels by

improving access to land and property for urban and rural poor, using low cost

sustainable materials and technologies to construct adequate and secure housing

for the poor, increasing decent employment, removing unnecessary regulatory

and other obstacles for microenterprises and small sectors, support local

authorities in elaborating slum improvement programmes within the framework

of urban development plans and facilitate access to information to housing

legislation’ (www.un.org).

4.2.3. An initiative of ‘enhancing corporate environmental and social responsibility and

accountability’ is also proposed to include encouragement of dialogue between

enterprises and communities in which they operate and other stakeholders.

Capacity building and other initiatives are expected to be directed to sustainable

development (www.un.org). The Preamble of the Agenda mentions the

disparities, challenges and proposes the implementation of the discussed

solutions. It has also been an important guideline for Habitat 21 programme of

the UN aimed at creating Sustainable Cities. Local Agenda 21 is defined as the

localised translation of Agenda 21 (Bontenbal 2009).

4.2.4. Local Agenda 21 is contained in Chapter 28 of Agenda 21 titled ‘Local

Authorities’ Initiatives in Support of Agenda 21’. It attempts to translate

sustainable development into practice and is defined as a product and process

(The Institute of Civil Engineers 2000). The main focus areas of the Agenda are

outlined as: Social and economic dimensions, conservation and management of

resources for development, strengthening the role of major groups and the means

of implementation (Collin and Collin 2010).


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4.2.5. Local planning is also advocated in the formation of a local agenda (Catenacci

2010) and Local Agenda 21 is recognized as a ‘process of integration to improve

the political and social bases for development strategies, to underline the bond

between the ecological and social dimensions, and to mobilise different kinds of

resources with attention to the specific context’ (Cerreta et al. 2003) for which

action plans are central (Bigg 2004). Although the momentum has increased in

this subject area (Ratcliffe et al.2009), the Agenda is however found to have

limited success in terms of implementation (Bigg 2004).

4.2.6. These are highlighted particularly with regards to the absence of local agendas at

various levels as would have been expected after the endorsement of the concept

by governments. Further, it has been observed that the role of local governments

is far more responsible for the effectiveness of this Agenda (Bigg 2004). The

Habitat Agenda provides a useful organising framework for the implementation

of aspects of Local Agenda 21 by providing an important instrument for

implementing human sustainable city development at the local level (Cerreta et

al. 2003).

4.2.7. The United Nations Human Settlements Programme, UN-HABITAT, is

mandated by the UN General Assembly to ‘promote socially and

environmentally sustainable towns and cities with the goal of providing adequate

shelter for all’ (www.un.org). In 1978, when UN-HABITAT (Habitat I) was

established, ‘urbanisation and its impacts were less significant on the agenda of

United Nations, since two-thirds of humanity was still rural’

(www.unhabitat.org).

4.2.8. In 1996, the United Nations held a second conference on cities, Habitat II, in

Istanbul, Turkey to assess two decades of progress since (Habitat I – Vancouver)

and set fresh goals for the new millennium. Adopted by 171 countries, the

political document that came out of this “City Summit” is known as the Habitat

Agenda and contains over 100 commitments and 600 recommendations. On 1

January 2002, the agency’s mandate was strengthened and its status elevated to

that of a full-fledged programme of the UN system in UN General Assembly

Resolution A/56/206. Key recommendations and fine tuning of the agenda are


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now underway as strategy clusters for ‘achieving the urban development and

shelter goals and targets of the Millennium Declaration - the United Nations’

development agenda for the next 15 to 20 years’ (www.unhabitat.org). The

revitalisation has placed UN-HABITAT squarely in the mainstream of the UN’s

development agenda for poverty reduction with a more streamlined and effective

structure and staff, and a more relevant and focused set of programmes and

priorities (www.unhabitat.org).

4.2.9. The main documents outlining the mandate of the organization are the Vancouver

Declaration on Human Settlements, Habitat Agenda, Istanbul Declaration on

Human Settlements, the Declaration on Cities and Other Human Settlements in

the New Millennium, and Resolution 56/206. UN-HABITAT’s Governing

Council in 2005 asked the agency to prepare a Medium-Term Strategic and

Institutional Plan. The vision of the plan is to help create by 2013 ‘the necessary

conditions for concerted international and national efforts to stabilize the growth

of slums and to set the stage for the subsequent reduction in and reversal of the

number of slum dwellers. There are six focus areas in the Medium-Term

Strategic and Institutional Plan, each of which has a Plan of Action

(www.unhabitat.org):

i. Advocacy, Monitoring, and Partnerships;

ii. Participatory Planning, Management, and Governance;

iii. Access to Land and Housing for All;

iv. Environmentally Sound Basic Urban Infrastructure and Services;

v. Strengthened Human Settlements Finance Systems; and

vi. Excellence in Management

4.2.10. UN-HABITAT supports ‘sustainable urbanization by helping to develop

inclusive and participatory urban planning and local development practices.

Taking poverty, gender, and age into consideration, it promotes improved policy-

making and strategy development’ (www.unhabitat.org). The main goals and

principles of Habitat Agenda are suggested to be excellently executed by urban

planning. These are put forward as: ‘equitable human settlements where all have

equal access to housing, open space, health, services and education; the

importance of physical conditions and spatial characteristics of villages, towns


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and cities on the quality of life; citizen’s rights and responsibilities; partnership

among all counties and all sectors located therein; solidarity with disadvantaged

and vulnerable groups and increased health care, including services to improve

quality of life’ (Cerreta et al. 2003).

4.2.11. UN-HABITAT’s Global Urban Observatory monitors global progress in

implementing the Habitat Agenda and to monitor the global urban conditions and

trends. An urban observatory is defined as a network of stakeholders responsible

for producing, analyzing and disseminating data in a meaningful set of indicators

that reflect collectively in prioritizing issues on sustainable urban development.

Data and information resources produced by the local networks are used to

support decision-making and formulation of better-informed policies.

4.2.12. The programme addresses ‘the urgent need to improve the world-wide base of

urban knowledge by supporting Governments, local authorities and organizations

of the civil society develop and apply policy-oriented urban indicators, statistics

and other urban information’ (www.unhabitat.org). The programme coordinates

the monitoring of the Habitat Agenda and the Millennium Development Goals and

activities pertaining to the production of ‘reliable and up-to-date urban indicators

at regional, country and city levels’ (www.unhabitat.org).

4.2.13. The Global Urban Observatory (GUO) assists the Agency in the effort to

‘become, by 2013 a premier reference centre for data collection, analysis,

monitoring and reporting on sustainable urbanization’ (www.unhabitat.org). The

activities of GUO fall under two main areas: (a) Global Monitoring, and

Development Impact Assessment. An urban observatory is therefore a focal point

for urban monitoring at the local, national or regional scale and b) Local Urban

Observatories (LUO’s) – which are typically housed in an existing city

department, a non-governmental organization or a university.

4.2.14. They serve to ‘produce, manage and analyze data on the performance of a city on

key urban indicators and other thematic issues relevant to both local decision-

making and global monitoring. Success or failure of urban policy is determined

mainly by its responsiveness to local priorities’ (www.unhabitat.org). The GUO

therefore, provides technical support to facilitate establishment of Local Urban

Observatories (LUOs) as ‘city-level institutions to involve local policy-makers


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and organizations of civil society in dialogue, generate information on local

priorities and problems to enhance policy planning mechanism and encourage

policy responses according to the planning gap and priorities National Urban

Observatories (NUO’s) coordinate and consolidate data collection at the national

level using the results for evidence-based policy-making’ (www.unhabitat.org).

They can either coordinate the activities of local urban observatories in the

country or produce their own data and information resources at the national,

regional or local level. The GUO encourages establishment of NUOs to monitor

national trends and conditions and inform national level policy and decision-

making.

4.2.15. The NUOs can become a part of an existing national consultative structure or

agency; as a national coordinating body for LUOs; as part of an academic or

research institution, non-governmental organization or professional association; or

as a secretariat to the National Habitat Committees which were established in

most countries as part of the preparations for the Habitat II Conference in 1996.

NUOs serve as consultative bodies on national policy. RUO’s are hosted in

regional organizations or academic institutions to provide technical assistance to

NUOs and LUOs through tools and capacity building (www.unhabitat.org).

4.2.16. RUO can also support ‘local and national bodies in standardization of indicators,

data and information not only to enhance the local policy planning mechanism but

also regional harmony’ (www.unhabitat.org). RUOs are the technical aspect of the

Global Urban Observatory at regional level to support the LUO and NUOs.

4.2.17. The analysis of the Master Plans with regard to the select aspects of the Agenda

21 and Local Agenda 21 and Habitat provisions can be categorised in three parts:

i. Provisions mentioned in the Agendas and strongly observed in the Master

Plans;

ii. Provisions mentioned in the Agendas and partially observed in the Master

Plans; and

iii. Provisions mentioned in the Agendas and not observed in the Master

Plans.


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4.2.18. Table 4.1., 4.2. and 4.3. that follow next observe the planning elements of Agenda

21, Local Agenda 21 and UN Habitat Initiatives strongly observed, partially

observed and not observed in the Second and Third Master Plans.

Table. 4.1. Provisions Mentioned in the Agendas and Strongly Observed in the

Master Plans*

Planning Elements Second Master Plan Third Master Plan

Implement mechanisms for

popular participation of poor

groups (Agenda21)

Finds mention Emerging further

Promoting environmentally

sound transport systems

(Agenda21)

Indirect aim Indirect aim

Urban health challenge

(Agenda21)

Accepted Observed

Promoting sustainable

construction industry activities

(Agenda21)

Indirect Indirect

Developing pollution control

capacities in cities (Agenda21)

Outlined Outlined

Capacity building (Agenda 21) Highly Expansionist For other aspects as well

Urbanisation from a regional

perspective (Habitat Agenda

Focus Area-II)

Over emphasised Over emphasised

Slum improvement and

prevention through improved

knowledge and capacity to

develop and implement slum

upgrading and prevention

policies and strategies (Habitat

Agenda Focus Area-III)

Slum upgrading and

improvement

pertinently observed

Slum upgrading and

improvement pertinently

observed

Environmentally sound basic

urban infrastructure and services

Limited mention Increased mention


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(Habitat Agenda Focus Area-IV)

*The First Plan is excluded since it was before the time period of the above Agendas.

4.2.19. The regional perspective finds resonance in the plans and it appears that only

some provisions of the Agendas have been adopted in practice. Besides, it

appears that the issues arising out of urban growth are in direct consonance with

the Agendas. Slums, which are observed to be an issue in all the Plans, do seem

to be a focus area. Another strong indication is that of the growing urban issues

of the city, particularly the ones related to the urban environment. For example,

pollution is repeatedly mentioned in the Second and Third Plans and has

received a renewed focus in the Third Plan. A notable observation as mentioned

in Agenda 21 also is the regional context.

Table 4.2. Provisions Mentioned in the Agendas and Partially Observed in the

Master Plans*


Private and international co-

operation (Agenda21)

Not mentioned;

although adopted in

projects such as the

Delhi Metro

Mentioned in the

Vision

Strengthening urban database

(Agenda21)

No mention Recognised

Review of plans (Agenda21) Mentioned Mentioned more

emphatically

Health risk analysis (Agenda21) Accepted; no

assessment

Accepted; no

assessment

Participation and cooperation of

local authorities (LA 21)

No mention Local participation

advocated

Local authorities to oversee

planning process (LA 21)

No mention Local area plans and

participation advocated

Local authorities to establish No mention Emerging


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local environment policies (LA

21)

Local population views (LA 21) No mention Local area plans

Consultation at the local level

(LA 21)

None Initiated

Consensus building (LA 21) None Emerging

Advocacy, Monitoring and

Partnership (Habitat Agenda

Focus Area-I)

No mention Emerging

Improved awareness of

sustainable urbanization issues

(Habitat Agenda Focus Area-II)

Not observed Emerging

Citizens to come up with

creative options (Habitat

Agenda Focus Area-II)

No observation Emerging

Improved Policies (Habitat


Policies revolve

around same issues

Newer policies

emerging but the level

is to be checked

Three activity pillars for

working towards access to land

and housing for all: knowledge

management and advocacy;

capacity building at the global

and regional level; and

supporting implementation at

the country and local level

(Habitat Agenda Focus Area-III)

No observation Emerging

Ensuring harmony between the

built and natural environments

(Habitat Agenda Focus Area-

IV)

Mentioned in a

broad context

Mentioned in more

detail


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*The First Plan is excluded since it was before the time period of the above

Agendas.

Table 4.3. Provisions Mentioned in the Agendas and not Observed in the Master

Plans*


Commitment to sound

economic

policies and

management(Agenda21)

Not mentioned Not mentioned

Integration of

environmental concerns

into decision making

(Agenda21)

Implicit Implicit

Environment and trade

policies to be mutually

supportive (Agenda21)


Participation of women

(Agenda 21)

No mention Indirect mention

Integrated policies for

sustainability in the

management of urban

centres (Agenda 21)

Implicit Implicit

Gender specific planning

provisions (Agenda 21)

Not visible Not visible

Promotion of sustainable

consumption patterns

(Agenda 21)


Minimising waste

generation (Agenda21)

No policy Very limited

Identifying priority areas Priority areas not identified Priority areas not


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for action and developing

strategies and

programmes to mitigate

adverse impact of

environmental change

(Agenda21)

identified

Sustainable land use

planning and management

(Agenda21)

None None

Sustainable management

of all urban settlements

(Agenda21)


Improved land

management practices

(Agenda21)

Not observed Indirect

Environmental taxation

suited to national

conditions

None None

Minimise environmental

damage (Agenda21)

Effective details missing Detailed and implicit

policies mentioned

Methods of accessing

‘effective demands’

(Agenda21)


Systematically apply

techniques for analyzing

impacts (Agenda21)

Plan Monitoring mentioned Plan Review

mentioned

Commitment (Agenda21) None None

Strengthening the

capacity of mechanisms

(Agenda21)

Ignored Implicit

Integrate environment and Ignored Ignored


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development (Agenda21)

Assessment of impact of

decisions (Agenda21)

Ignored Ignored

Appropriate legal policies

for environment and


Ignored Ignored

Remove or reduce

subsidies that do not

conform to sustainable

development objectives

(Agenda21)

Ignored Ignored

Representatives of city

(LA 21)

None None

Women and youth to be

involved in planning

(LA21)

No mention No mention

Adopt a ‘Local Agenda

21’


Best strategies (LA 21) No mention No mention

Local capacities to deal

with climate change

(Habitat Agenda)


Focus on internationally

observed goals (Habitat

Agenda Focus Area-I)


Monitoring of sustainable

urbanization conditions

and trends improved

(Habitat Agenda Focus

Area-II)

No indicators No indicators

Enhancing urban safety No mention No mention


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and Reducing

vulnerability (Habitat


Positive urbanization To be identified To be identified Improved legislation


Area-II)

Not observed Not observed

Strengthened institutions


Area-II)

No mention No direct mention

Land and housing reforms

supported through

Through housing Through housing

Gender Action Plan


Area-III)


Relationships with

external organizations


Area-III)


Millennium

Development Goals


Area-IV)

No direct mention No direct mention

Implementing model-

setting initiatives (Habitat

Agenda Focus Area-IV)

None None

Identifying successful

experiences (Habitat

Agenda Focus Area-IV)

None None


Agendas.


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4.2.20. The main observation here is that the concepts related to community participation

and local area planning are emerging for the city. Strengthening of database for

the city has been initiated recently in this context. It can be observed that the Plans

are not in compliance with regards to major policy outlines at the international

level while the city is aiming to become ‘world class’. The Plans do not exhibit

the issues identified at the global level, which are a requirement to be in

consonance with global best practices.

4.3. The 74th Constitutional Amendment and the Master Plans

4.3.1. The Constitution of India has made detailed provisions for ensuring protection of

democracy in Parliament and in State Legislatures. Hence, democracy in these

institutions has survived and flourished. However, the Constitution did not make

Local Self Government in urban areas a clear-cut Constitutional obligation. While

the Directive Principles of State Policy refer to Village Panchayats, there is no

specific reference to municipalities except implicitly in Entry-5 of the State List,

which places the subject of Local Self Government as a responsibility of the state

(www.urbanindia.nic.in).

4.3.2. The Bill as reported by the Joint Parliamentary Committee was taken up for

consideration and passed by the Lok Sabha on 22nd December, 1992 and by the

Rajya Sabha on 23rd December, 1992 and it received the assent of President on

20th April, 1993. It was published in the Government Gazette on 20th April, 1993

as the ‘Constitution (Seventy Forth Amendment) Act, 1992’

(www.urbanindia.nic.in). The Act in its statement of objects and reasons mentions

the weakening and ineffectiveness of State local bodies. It seeks to incorporate

provisions for state local bodies in the Constitution. From Article 243P-243 ZG,

the Act mentions various provisions with regards to urban local bodies in a variety

of aspects.

4.3.3. The Constitution (74th Amendment) Act, 1992 thus, provide a basis for the State

Legislatures to guide the State Governments in the assignment of various

responsibilities to municipalities and to strengthen municipal governance.


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Accordingly, several State Governments have amended their Municipal

Acts/Laws/Legislations so as to bring these in conformity with the Constitutional

Provisions. Empowerment of municipalities through functional devolution is an

important objective of the 74th CAA. The provisions in the 74th amendment as

incorporated in the city Plans are either (a) strictly observed or (b) partially

observed, or (c) not observed.

4.3.4. Table 4.4., 4.5. and 4.6. analyse the provisions of the 74th Constitutional

Amendment strongly observed, partially observed and not observed in the Second

and Third Master Plans.

Table. 4.4. Provisions Mentioned in the 74th Constitutional Amendment and

Strongly Observed in the Master Plans*.

Provisions Second Master

Plan

Third Master Plan

Identification of municipal area

as the one with population of

more than ten lakhs

Delhi Metropolitan

Area since the First

Plan is identified as

a unit.

Delhi Metropolitan

Area since the First

Plan is identified as a

unit.

Urban planning including town

planning

Region specific Region specific

Public health, sanitation

conservancy and

solid waste management

Basic aspects

mentioned

Basic aspects

mentioned; Solid waste

management

emphasised with a

separate Action Plan

Fire services Mentioned Mentioned

Slum improvement Attached great

significance

Attached great

significance

Provision of urban amenities

and

facilities such as parks, gardens,

playgrounds.

Attached great

significance

Attached great

significance


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Provisions Second Master

Plan

Third Master Plan

Public amenities including

street lighting, parking lots, bus

stops and public conveniences.

Significant mention Significant mention

Regulation of slaughter houses

and tanneries

Mentioned Mentioned


Agendas.


Partially Observed in the Master Plans*

Provisions Second Master Plan Third Master Plan

Regulation of land use

and construction of

buildings

Construction emphasised Construction emphasised

Planning for social and

economic development

Growth accommodation

emphasised with

expansionist tendencies

Growth accommodation

emphasised with

expansionist tendencies

Roads and bridges Mentioned Mentioned

Water supply for

domestic, industrial

and commercial

purposes

Water supply mentioned

but not with respect o

different usages

Water supply mentioned

but not with respect to

different usages

Safeguarding the

interests of weaker

sections, including the

handicapped and

mentally retarded

Select aspects Select aspects

Promotion of cultural,

educational and

Finds mention Finds mention


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aesthetic aspects.

Burials and burial

grounds; cremation

grounds and electric

crematoriums.

Mentioned Mentioned


Agendas.


not Observed in the Master Plans*

Provisions Second

Master Plan

Third Master Plan

Putting on firmer footing the

relationship between Centre and State


Provisions with regards to municipal

bodies


Formation of wards No mention No mention

Reservation of seats for women No mention No mention

Sharing of taxes No mention No mention

Power to the Governor No mention No mention

Identification of transitional area,

smaller urban area and a large urban

area

No

identification

No identification

Territorial constituencies No mention No mention

Role of Ward Committees No mention No mention

Municipalities to function as

institutions of self governance


Power of municipalities to function as

institutions of self government


Powers and responsibilities of MCD

for plan preparation for economic



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Provisions Second

Master Plan

Third Master Plan

development (Article 243W)

Committee for district planning for

consolidating plans prepared by the

municipalities (Article 243ZD)


Municipalities in the district and to

prepare a draft development plan for

the district as a whole (Article 243ZD)


Matters of common interest to

Panchayats and Municipalities

including spatial planning, sharing of

water and other physical and natural

resources

(Article 243ZD)


Committee for metropolitan planning

(Article 243ZE)


Draft development plan for the

metropolitan area (Article 243 ZE)


Urban poverty alleviation No steps No steps

Cattle pounds; prevention of cruelty to

animals.


Committee for metropolitan planning

(Article 243ZE)


Draft development plan for the

metropolitan area (Article 243 ZE)



Agendas.


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4.3.5. The city is of recently being proposed to be divided into planning units by

trifurcation of MCD. This can be taken as a step towards formation of planning

districts. Further, the districts do not have a development plan as proposed by the

Amendment but there exists, in addition to the Master Plan, City Development

Plan as proposed by the Jawaharlal Nehru National Urban Renewal Mission

(JNNURM). The Chairperson of every District Planning Committee is expected to

forward the development plan, as recommended by the Committee, to the

Government of the State (Article 243 ZD).

4.3.6. The Twelfth Schedule outlines the areas to which these will imply and town and

urban planning are the foremost in this list. But when provisions are not implied to

the city as a whole, then the components will be incorporated in the Plan is

doubtable at this stage. Planning for the city is now showing signs of changes but

these are only in the light of JNNURM. On the whole, since its inception,

planning ideologies and structure have remained almost on similar lines with

serious inherent contradictions; of which the Master Plan is the proof and sole

document. Even the outlined measures in the Amendment seem to be lately

followed and the Plan content is not compliant to its various issues. DDA still

remains the sole authority for planning of the city and city planning is manifested

in one document- the Master Plan.

4.3.7. Participatory planning can be observed to have certain underlying common

features as per the Second Administrative Reforms Commissions Reports by the

Government of India (www.arc.gov.in). The sixth report on ‘Local Governance’

details them. The ‘Core Principles’ highlighted are as follows:

i. Subsidiarity: This idea puts forwards the citizens as final decision makers.

It suggests that all functions should be directed towards the citizen in the

nearest possible manner and should involve authorities only when local

unit is incapable of performing (www.arc.gov.in).

ii. Democratic Decentralisation: For this purpose, the 73rd and 74th

Constitutional Amendments were enacted as per the Commission’s report.

Four guiding principles have been identified in this regard as- ‘a clear link


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in citizens’ mind between their votes and the consequences in terms of

public good it promotes; to promote fiscal responsibility; to take into

account the asymmetry in power and the imbalance in its exercise; and the

locus of power should shift to the citizen as close as possible in order to

facilitate direct participation, constant vigil and timely

intervention’(www.arc.gov.in).

iii. Delineation of Functions: This principle advocates clarity in the

delineation of roles of government at the state and local level.

iv. Devolution in Real Terms: This requires ‘effective empowerment’ for

decision making.

v. Convergence: This requires four aspects as ‘addressing the rural urban

divide, totally independent functioning of parastatal bodies, interaction of

citizens and empowerment of stakeholders.

vi. Citizen Centricity: This is one of the main aims as put forward

(www.arc.gov.in).

4.3.8. The above points can be observed to be limited in nature in terms of their

introduction in the Plan and also with regards to the face that participatory

approach is very late to come to the scene of urban planning of Delhi. The aspect

of implementation as put forward with regards to the provisions suggests that the

concept of town planning being included in urban planning needs to be more

clearly defined for the city. The city aims to become ‘world class’ and the

direction needs a clearer identification in the light of issues for the city. For slums,

the provisions highlighted in the Amendment are similar to the planning

provisions as advocated in the Plans. However, there is no mention of containment

in the Amendment and no practical follow up of the same in the Plans. Regulation

of land use as advocated in the Amendment needs a clearer identification which is

not observed in the Plans. Since the emphasis is more regional, the transition

urban areas have not been identified. The analysis is further extended to the

following policies.


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4.4. JNNURM’s CDP and the Current Master Plan of Delhi

4.4.1. The current Master Plan of the city is titled’ Master Plan of Delhi with Perspective

for the Year 2021’. Third in the line of Master Plans for the city, the Plan aims to

make the city a ‘global metropolis’ and a ‘world class city’ with the aim of

‘engaging people in meaningful work, enhanced quality of life and sustainability

of environment’ (DDA 2007). The aim of JNNURM is to encourage reforms and

fast track planned development of identified cities. Focus is to be on efficiency in

urban infrastructure and service delivery mechanisms, community participation,

and accountability of ULBs/ Para-statal agencies towards citizens. The objectives

of the JNNURM are to ensure that the following are achieved in the urban sector:

i. “Focussed attention to integrated development of infrastructure services in

cities covered under the Mission;

ii. Establishment of linkages between asset-creation and asset-management

through a slew of reforms for long-term project sustainability;

iii. Ensuring adequate funds to meet the deficiencies in urban infrastructural

services;

iv. Planned development of identified cities including peri-urban areas,

outgrowths and urban corridors leading to dispersed urbanisation;

v. Scale-up delivery of civic amenities and provision of utilities with

emphasis on universal access to the urban poor;

vi. Special focus on urban renewal programme for the old city areas to reduce

congestion; and

vii. Provision of basic services to the urban poor including security of tenure at

affordable prices, improved housing, water supply and sanitation, and

ensuring delivery of other existing universal services of the government

for education, health and social security” (www.jnnurm.nic.in).

4.4.2. Scope of the Mission: The Mission shall comprise two Sub- Missions, namely:

i. Sub-Mission for Urban Infrastructure and Governance: This will be

administered by the Ministry of Urban Development through the Sub-

Mission Directorate for Urban Infrastructure and Governance.


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ii. The main thrust of the Sub-Mission will be on infrastructure projects

prelating to water supply and sanitation, sewerage, solid waste

management, road network, urban transport and redevelopment of old

city areas with a view to upgrading infrastructure therein, shifting

industrial and commercial establishments to conforming areas, etc.

iii. Sub-Mission for Basic Services to the Urban Poor: This will be

administered by the Ministry of Urban Employment and Poverty

Alleviation through the Sub-Mission Directorate for Basic Services to

the Urban Poor. The main thrust of the Sub-Mission will be on

integrated development of slums through projects for providing

shelter, basic services and other related civic amenities with a view to

providing utilities to the urban poor. (www.jnnurm.nic.in).

4.4.3. Formation of CDP under JNNURM: It provides a ‘framework and vision within

which projects need to be identified and implemented’ (www.jnnurm.nic.in). It

establishes a ‘logical and consistent framework for evaluation of investment

decisions’ (www.jnnurm.nic.in). As a step to achieving this goal, the CDP focuses

on the ‘development of economic and social infrastructure, strategies that deal

specifically with issues affecting the urban poor, strengthening of municipal

governments and their financial accounting and budgeting systems and

procedures, creation of structures for bringing in accountability and transparency,

and elimination of legal and other bottlenecks that have stifled the land and

housing markets. It provides a basis for cities to undertake urban sector reforms

that help direct investment into city-based infrastructure’ (www.jnnurm.nic.in).

4.4.4. The formulation of a CDP begins with city assessment of demography, drawing a

financial profile, infrastructure, physical and environmental aspects and

institutions. It also aims at developing a vision for the city. Cities are required to

build a common vision with a significant effort of consensus building

(www.jnnurm.nic.in). The key features of the CDP are as follows:


211

i. “What does the analysis of city’s profile show? Where are the

opportunities and where are the key constraints?

ii. Given the opportunities and constraints, where does the city wish to

move in a medium term perspective? While the vision is forward-

looking, it is also a realistic vision, achievable with a given time frame.

iii. What strategic options are available to achieve the vision? What are

the costs and benefits of alternative strategic options? Which of the

strategies will help the city achieve the vision at least cost or maximum

impact?

iv. What would be the aggregate investment needed to implement the

vision? What are the options for mobilising resources for

implementing the CDP?

v. What reforms other than those embodied in the JNNURM are

necessary for effectively implementing the CDP?”

(www.jnnurm.nic.in).

4.4.5. About CDP Delhi: Titled ‘City Development Plan, Delhi’, it was published in

October 2006 by the Department of Urban Development, Government of Delhi

and IL and FS Ecosmart Limited, New Delhi. It highlights the aim of JNNURM to

‘improve and augment the economic and social infrastructure of cities; ensuring

basic services to the urban poor including security of tenure at affordable prices;

initiating wide-ranging urban sector reforms whose primary aim is to eliminate

legal, institutional and financial constraints that have impeded management of,

and investment in, urban infrastructure and services; and strengthening municipal

governments and their functioning in accordance with the provisions of the74th

Constitution Amendment Act, 1992’ (www.jnnurm.nic.in). The report is

presented in the following chapters:

Chapter 1 Introduction

Chapter 2 City Demographic Profile

Chapter 3 City Economic Profile

Chapter 4 City Environment Profile

Chapter 5 Land Management and Urban Growth


212

Chapter 6 Urban Poor and Slum

Chapter 7 Conservation and Heritage Management

Chapter 8 Water Supply

Chapter 9 City Sewerage System

Chapter 10 Storm Water Drainage

Chapter 11 Review of Road Network and Transport System

Chapter 12 Solid Waste Management

Chapter 13 Institutional Assessment

Chapter 14 Review of Urban Finance

Chapter 15 Community Consultation

Chapter 16 SWOT Analysis

Chapter 17 City Vision and Strategy

Chapter 18 Investment Framework

Chapter 19 Project and Capital Investment Plan

Chapter 20 Financial Sustenance Plan

Chapter 21 Institutional Reforms

4.4.6. The visions of the current Master Plan of Delhi and Comprehensive Development

Plan (CDP) are compared in Table 4.7. and a comparative analysis of plan

contents is done in Table 4.8. The current Master Plan and the CDP are compared

with the planning contents of an international urban plan in Table 4.9. that follows

next. Table 4.10. compares the planning elements of AGENDA 21 in the current

Master Plan and CDP.


213

Table 4.7. Comparative Analysis of Visions and Objectives – MPD 2021 and CDP

MPD 2021 CDP

To make Delhi a global metropolis

and a world-class city, where all

the people would be engaged in

productive work with a better

quality of life, living in a

sustainable environment

Improving and augmenting the economic

and social infrastructure of cities

Planning and action to meet the

challenge of population and in-

migration to the city

Ensuring basic services to the urban poor

including security of tenure at affordable

prices

Provision of adequate housing,

particularly for the weaker

sections of the society; addressing

the problems of small enterprises,

particularly in the unorganized

informal sector; dealing with the

issue of slums, up-gradation of old

and dilapidated areas of the city;

provision of adequate

infrastructure services;

conservation of the environment;

preservation of Delhi's heritage

and blending it with the new and

complex modern patterns of

development

Initiating wide-ranging urban sector

reforms whose primary aim is to eliminate

legal, institutional and financial constraints

that have impeded management of, and

investment in, urban infrastructure and

services.

All this within a framework of

sustainable development, public-

private and community

participation and spirit of

ownership and a sense of

Strengthening municipal governments and

their functioning in accordance with the

provisions of the 74th Constitution

Amendment Act, 1992.


214

MPD 2021 CDP

belonging among its citizens.

Table 4.8. Comparative Analysis of Planning Contents

Plan Contents MPD 2021 CDP

Elements Regional and local Local more emphasised

Vision Focus on Delhi’s

growth in the regional

framework along with

the basic planning of

Delhi

Emphasis on sectoral

reforms and provision

of infrastructure

Preparing authority DDA Department of Urban

Development,

Government of Delhi

and IL and FS

Ecosmart Limited,

New Delhi

Content of visions Regional and local Local

Nature of planning Regional context Local and issue based

Evolving components Basic infrastructure City issues in varied

dimensions

Monitoring and evaluation Mentioned Mentioned for aspects

of planning

Concept of the ‘city’ In the regional context Local emphasised

Sustainability concept Mentioned Mentioned

Local agenda Missing Visible

Consonance with the aims None Direct

Developmental objectives Expansion Expansion,

management and

development

Approach to infrastructure Expansion and

augmentation

Expansionist,

management oriented


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and detailed

Fund generation No mention Detailed mention

Partnership- Global and/or

national agencies-

Mentioned Mentioned

Basis for action Regional and long term Local and short and

long term

SWOT analysis No Yes

Plan contents MPD 2021 CDP

Disaster and hazards Mentioned Mentioned

Planning of space Only for housing Broad

Containment Mentioned Mentioned

Detailed No Yes

Inclusiveness No Yes

Informative Not much Yes

Integrated Not much Yes

Transparency Less clear Clear

Logical For some issues More logical

Strategic For some issues Strategies identified for

all issues

Resource efficiency analysis Mentioned but not

performed

Performed

Principles Expansion Expansion and

management

Sub plans Mentioned Mentioned

Performance indicators None None

Scope Select aspects Broad

Growth management No scope Very limited scope

Impact analysis None Mentioned

Public acceptability No mention except in Yes


216


objections

Basic planning framework Expansionist and

regional

Expansionist and

management oriented

Qualitative analysis Limited More detailed

Approach to physical

infrastructure

Stress on expansion Expansion, details on

management

Pollution prevention Mentioned Detailed analysis

Contingency based planning Natural hazards and

disasters

Natural hazards and

disasters

Problems facing the city Arising out of

expansion

Arising out of

expansion and

mismanagement

Policies for problems Expansionist Expansionist with

management

Approach to land Expansion Detailed analysis

Approach to natural

resources

Expansionist Expansionist with

management

Climate change No mention Mentioned

Healthy city concept More emphasis on

providing health

infrastructure and

services

More detailed

Safe city concept Mentioned Mentioned for a variety

of aspects

Migration check Mentioned Mentioned

Priorities Regional and local Infrastructural


217

Table 4.9. Comparative Analysis of MPD 2021 and CDP with an International Plan-

London Plan


Plan’s sphere of

influence(London Plan)

Regional and local Local dominates with

the regional context

finding mention

Strategic locations (London

Plan)

Region and city City and locations

within city

Locations of

change(London Plan)

Insignificant mention Insignificant mention

Stakeholders Mentioned in plan

preparation

Actively mentioned for

all aspects

Coherence (London Plan) Less details Detailed

Message (London Plan) Expansion and the

regional context

Provision, expansion

and management of

various services by the

city and the

management aspect in

detail

Spatial development

perspective (London Plan)

Expansionist Local, radical and

detailed

Sustainability appraisal

(London Plan)

Concept of

sustainability mentioned

Detailed

Formal end date (London

Plan)

Perspective for 2021 None

Plan as a success (London

Plan)

Mentioned Indirect

Advantages of the city in

the era of globalization

Mentioned more in the

regional context

Mentioned more in the

regional context


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(London Plan)

Issues arising out of

implementation of the

Plan(London Plan)

No mention Mentioned

Preservation of the Green

Belt (London Plan)

Mentioned Mentioned

Forces which the city can

influence(London Plan)

Regional and national Regional and national

Geographical structure

(London Plan)

Mentioned Detailed mention

Mention of international

forces such as games

(London Plan)

Yes Yes

Rising fears of crime, safety

and security (London Plan)

No significant mention No significant mention

Compact city (London Plan) No steps No steps

Growth must respect and

enhance environment

(London Plan)

Implicit Implicit

Future development to

integrate with capacity of

existing transport (London

Plan)

Mentioned; with

emphasis on regional

aspect

Mentioned with

detailed aspects

Clear spatial priorities

(London Plan)

No Emphasis on

infrastructure creation

Competitive strategy

(London Plan)

None; regional context

emphasised

None; regional context

emphasised

Economic Development

Strategy (London Plan)

None Strategy mentioned

Exemplary city (London

Plan)

No No


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Strategic partners (London

Plan)

Not outlined Not outlined

Sustainable and efficient use

of space (London Plan)

No signs No signs

Polycentric development

(London Plan)

Aimed at Aimed at

Thematic and crosscutting

policies (London Plan)

None Policy outlines on

newer dimensions

Strong corridors across

regional boundaries

(London Plan)

Mentioned Mentioned

Sustainable practices

(London Plan)

No No

People to be more

responsible for what they

consume and discard

(London Plan)

No No

Key spatial elements

(London Plan)

Not identified except for

ecological features and

corridors of

development

Not identified except

for ecological features

and corridors of

development

Mix use developments as

per site (London Plan)

Mentioned Mentioned

City in the national context

(London Plan)

Importance mentioned Importance mentioned

Areas with potential of

sustainable development

(London Plan)


Regeneration (London Plan) Old City Old City

Opportunity areas (London

Plan)

No mention

No mention


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Areas for intensification

(London Plan)

Residential and

transport

Residential

Town centres (London Plan) In a regional perspective In a regional

perspective

Suburbs (London plan) Regional perspective

and to accommodate

growth

Regional perspective

and to accommodate

growth

Maximizing site potential

(London plan)

Residential purpose;

especially slums

Residential purpose;

especially slums

Density Ranging (London

Plan)

Residential areas Residential areas

Public transport

accessibility (London Plan)

Mentioned No mention except

regional accessibility

Integration of Land Use and

Transport (London Plan)

Mentioned No mention

Private rented housing

(London Plan)


Medical excellence (London

Plan)

Aimed at Aimed at

e-governance (London Plan) No mention Mentioned

Tourism (London Plan) Limited mention Detailed mention as a

sector

Environmental industries

(London Plan)


Reducing congestion

(London Plan)

Aimed at for Old City;

transport

Mentioned but without

policy for reduction;

transport also

Parking strategy (London

Plan)

Proposed Proposed

Blue ribbon network for

water bodies for improving

For the River front No


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transport, recreation and

improving health of the

people (London Plan)

Implementing the Plan

(London Plan)

No strategy No direct mention

Planning obligations

(London Plan)

Only for unauthorised

constructions, slums and

unplanned areas

Compliance with the

74th Constitutional

Amendment

Table. 4.10. MPD, 2021 CDP and Agenda 21 and Local Agenda 21

Planning Elements MPD 2021 CDP

Capacity building (Agenda

21)

Mentioned with

emphasis on

infrastructure

Mentioned with emphasis

on infrastructure

Commitment to sound

economic

policies and

management(Agenda21)

Not mentioned None

Integration of environmental

concerns into decision making

(Agenda21)

Indirect Indirect

Environment and trade

policies to be mutually

supportive (Agenda21)

Not mentioned No direct mention

Giving communities a large

measure of participation in the

sustainable management and

protection of the local natural

resources (Agenda21)

Mentioned Mentioned


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Private and international co-

operation (Agenda21)

Mentioned in the

Vision

Mentioned

Mechanisms for popular

participation (poor groups)

(Agenda21)

No detailed

mention

Mentioned more

elaborately

Integrated policies for

sustainable management of

urban centres (Agenda 21)

Indirect Indirect

Gender specific planning

provisions (Agenda 21)

Not visible Mentioned

Promotion of sustainable

consumption patterns (Agenda

21)

Emerging Steps outlined

Minimising waste generation

(Agenda21)

No policy Mentioned

Identifying priority areas for

action and developing

strategies and programmes to

mitigate the

adverse impact of

environmental change

(Agenda21)

Indirectly

Mentioned

Indirectly mentioned

Sustainable land use planning

and management (Agenda21)

None Mentioned

Sustainable management of all

urban settlements (Agenda21)

No policy No policy

Strengthening urban database

(Agenda21)

Yes Yes

Improved land management

practices (Agenda21)

Emerging Yes

Environmental taxation suited None Emerging


223


to national conditions

Minimise environmental

damage ((Agenda21)

Mentioned Mentioned

Methods of accessing

‘effective demands’

(Agenda21)


Promoting environmentally

sound transport systems

(Agenda21)

Emerging Emerging

Promoting sustainable

construction industry activities

(Agenda21)

Indirect Direct

Review of plans (Agenda21) Only mentioned;

processing to be

analysed

No

Systematically apply

techniques for analyzing

impacts (Agenda21)

No mention No policy

Commitment (Agenda21) None Provisions of the 74th

Constitutional

Amendment

Strengthening the capacity of

mechanisms Agenda21)

Indirect Indirect

Integrate environment and


No direct mention No direct mention

Assessment of impact of

decisions (Agenda21)


Remove or reduce subsidies

that do not conform with

sustainable development

objectives (Agenda21)



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Urban health challenge

(Agenda21)

Issues identified Issues identified

Developing pollution control

capacities in cities (Agenda21)

Mentioned Mentioned

Health risk analysis

(Agenda21)

Accepted Accepted

Participation and cooperation

of local authorities (LA 21)

Local participation

advocated

Detailed

Local authorities to oversee

planning process (LA 21)

Local area plans

and participation

Detailed

Local authorities to establish

local environment policies

(LA 21)

Emerging Emerging

Consultative process with the

local population (LA 21)

Local area plans

and participation

Detailed

Representatives of city (LA

21)

None None

Adopt a ‘Local Agenda 21 No mention Emerging

Consultation at the local level

(LA 21)

Initiated Detailed

Consensus building (LA 21) None Yes

Best strategies (LA 21) No mention Emerging

4.4.1. The CDP exists along the Master Plan. But the mode of implementation is not at

all clear. The Master Plan is the legally accepted prime document of the city’s

planning particularly with regards to the legalities involved. But how will the CDP

exist in this scenario? Further, the CDP seems to carry over the provisions of the

current Master Plan, particularly with regards to its expansionist tendencies. In the

context of these observations, it is can not be stated whether the CDP will be of

any substantive help for the city and is better than the Master Plan document.


225

4.5. Nagar Raj Bill and Master Plan 2021

4.5.1. The Model Nagar Raj Bill, 2008 (hereinafter ‘the Bill’) is India’s first community

participation legislation and creates a new tier of decision making in each

municipality called the Area Sabha. The Bill is a mandatory reform under the

Jawaharlal Nehru National Urban Renewal Mission (JNNURM), which means

that the various states in India ‘must enact a community participation law to be

eligible for funds under the JNNURM programme’ (www.criticaltwenties.in).

4.5.2. The fundamental purpose of the Bill is to establish appropriate political and

accountability spaces to link urban governance with the people by

institutionalizing citizen participation. This is crucial because the Bill has the

potential to empower people by ensuring regular citizen participation in decision-

making that affects the conditions of their lives. The Bill has been circulated by

the central government and states are mandated to either enact a separate law or

make appropriate amendments to their existing municipal laws.

4.5.3. With the objective to integrate the involvement of citizens in municipal

functioning in urban areas, the Bill is distinctive because it creates the institution

of an Area Sabha which shall be the third and foundational tier of government

within the municipality and ensure decentralization from below. An Area Sabha

will elect members into the ward committees and shall start the process of

political engagement by an election of an Area Sabha representative. By creating

an additional platform, the Bill also assigns the role, functions, duties and

responsibilities which are essential for the development of these institutions as

institutions of self-government (www.criticaltwenties.in). Main features of the bill

include the following (www.unh.edu):

Part-I Preliminary

i. Short title, commencement and extent.

ii. Definitional provisions.

Part-II Area Sabha

iii. Determination of Areas

iv. Area Sabha Representative.

v. Qualifications for being an Area Sabha Representative.


226

vi. Election of Area Sabha Representative.

vii. Procedure for nomination of Area Sabha Representative.

viii. Term of office.

ix. Functions and duties of the Area Sabha

x. Rights and powers of the Area Sabha.

Part-III Constitution and Governance of Ward Committees

xi. Area Sabha Representative to be ex-officio member of Ward Committee.

xii. Ward Committee.

Part-IV Right and Duties of Ward Committees

xiii. Functions of the Ward Committee.

xiv. Rights of the Ward Committee.

xv. Duties of the Ward Committee.

Part-V Activities of the Ward Committees

xvi. Activities of the Ward Committee

Part-VI Functioning of Ward Committees

xvii. Additional Meetings of Ward Committees

xviii. Agenda

xix. Preparation of Ward Budget

xx. Procedure for Conducting Ward Committee meetings

xxi. Power to make rules

4.5.4. It is defined as ‘A Bill to amend the laws relating to the Municipalities in the

State of …… to institutionalise citizens’ participation in municipal functions,

e.g. setting priorities, budgeting provisions etc. by setting up of Area Sabha and

to provide for matters connected therewith or incidental thereto (www.unh.edu).

The cantonment is excluded from the jurisdiction of this Bill. The Bill defines an

Area Sabha as ‘the body of all the persons registered in the electoral rolls

pertaining to every polling booth in the Area, in a Municipality and a member as

Area Sabha Representative who, elected or appointed, shall be a ‘member’ of the

ward committee’ (www.unh.edu).

4.5.5. The State Government is authorized to determine the Areas into which each

Ward, and in the absence of a Ward, the Municipality, may be divided; and the

territorial extent of each Area, which shall necessarily include the entire

geographical territory in which all persons mentioned in the electoral roll of any

polling booth in such territory, or, if the Government so decides, two or more


227

contiguous polling booths (not exceeding five such polling booths) in such

territory, are ordinarily resident. There shall be an Area Sabha Representative for

each Area.

4.5.6. Any registered voter in an Area may file his nomination for the office of Area

Sabha Representative, unless disqualified. The election to the office of Area

Sabha Representative in the various areas in any Municipality shall be conducted

under the aegis of the State Election Commission or an agency that may be

appointed in its place by the State government. In the event of the failure of the

Ward Councillor to call for nominations for the office of Area Sabha,

Representative for any or all of the Areas within the Ward in the time prescribed,

the State Government shall, in accordance with the rules prescribed in this

behalf, nominate such persons as it may deem fit to those offices of Area Sabha

Representatives not filled by the Ward Councillor; and it may also initiate such

disciplinary or other action against the Ward Councillor as the rules prescribed

in this behalf by the Government may allow

(www.unh.edu). Table 4.11. observes the provisions of the Model Nagar Raj

Bill.

Table 4.11. Observations on the Provisions of Model Nagar Raj Bill

Main Provisions Observations

The territorial extent of each Area,

which shall necessarily include the

entire geographical territory in which

all persons mentioned in the electoral

roll of any polling booth in such

territory, or, if the Government so

decides, two or more contiguous

polling booths (not exceeding five

such polling booths) in such territory,

are ordinarily resident.

The provision appears practical and

representative with appearance of

definite criteria for determination of

the mentioned territory. There is

also flexibility in determination

which makes the provision

plausible and less hassled. The

selection of area as a geographical

unit provides an ample scope for

procedures to be carried.


228


There shall be an Area Sabha

Representative for each Area; Any

registered voter in an Area may file his

nomination for the office of Area

Sabha Representative, unless

disqualified.

The election to the office of Area

Sabha Representative in the various

Areas in any Municipality shall be

conducted under the aegis of the State

Election Commission or an agency

that may be appointed in its place by

the State government. The alternative

provision of empowering the Ward

Councillor for conducting elections in

the condition of failure of above

agencies is also mentioned.

In the selection of Area Sabha

Representative, the element of bias

is reduced to a minimum. However,

any other agency must be ensured

to conduct fair elections and can be

identified here. Empowering the

Ward Councillor in the absence of

state machinery appears to be a

practical decision but the

collaborating agencies should also

be identified.

In the event of the failure of the Ward

Councillor to call for nominations for

the office of Area Sabha,

Representative for any or all of the

Areas in the time prescribed, the State

Government shall, nominate such

persons as it may deem and it may

also initiate such disciplinary or other

action against the Ward Councillor as

the rules prescribed.

This clause is also practical in

nature and defines the steps to be

taken in the absence of

nominations.

An Area Sabha Representative shall

ordinarily hold office for a duration

that is co-terminus with that of the

Municipality concerned.

This provision is also very practical

in application.


229


Provided further that no person shall

be eligible to continue to hold office as

Area Sabha Representative if at any

time 6 months after his election to

such post he is recalled by a written

representation to the Ward Councillor

or the Municipality, as the case may

be, supported by not less than one-half

of the total members of the Area

Sabha concerned and provided further

still that no person shall be entitled, or

continue to be entitled, to hold office

as Area Sabha Representative of an

area in which he is not ordinarily

resident.

This provision can turn out to be

problematic and it is necessary to

identify or outline the grounds on

which such a representation can be

forwarded. The requirement of a

quorum of at least 50% and

discontinuity on being a non

resident are appreciable steps.

Functions and Duties of the Area

Sabha are identified as:

generating proposals and determine

the priority of schemes and

development programmes to be

implemented in the jurisdiction of the

Area Sabha and forward the same to

the Ward Committee, or in its absence,

the Municipality

to identify the most eligible persons

from the jurisdiction of the Area

Sabha for beneficiary-oriented

schemes on the basis of criteria fixed

by the Government, and prepare list of

eligible beneficiaries in order of

priority and forward the same for

The generation of proposals and

other related appears to be a grass

root step for in community

planning. With regards to tax

mapping, the sphere of influence

and the methodology needs to be

more specified. The identification

of beneficiaries for the

implementation of schemes is also

an appreciative step as it can ensure

basic participation at these levels.

The aspect of prioritisation of

schemes, suggestions about the

location of amenities and


230


inclusion in the developmental plans

of the Ward or Municipality;

to verify the eligibility of persons

getting various kinds of welfare

assistance from Government such as

pensions and subsidies;

to suggest the location of

streetlights, street or community water

taps, public wells, public sanitation

units, and such other public amenity

schemes within the area of the Area

Sabha;

to identify the deficiencies in the

water supply and street lighting

arrangements in the Area Sabha

jurisdiction and suggest remedial

measures;

to assist the activities of public

health centres in the area, especially in

disease prevention and family welfare

and create arrangements to report on

the incidence of epidemics and natural

calamities;

identification of deficiencies along

with remedial suggestions are not

only highly efficient but also

innovative strategies.

Health also finds mention.

to provide and mobilise voluntary

labour and contributions in cash and

kind for development programmes,

and to supervise such development

works through volunteer teams;

to undertake and support tax mapping,

and to remind Area Sabha members

of their obligations to pay municipal

The rights given appear quite

plausible and workable in variety of

contexts. Besides, incorporating

day to day issues, these also take

into account the broader aspects.

The aspects of informing about

proposed works, decisions, follow

up, awareness and activities


231


taxes and user charges; indicate the participatory aspect.

In term of rights, an Area Sabha :

get information from the officials

concerned as to the services they will

render and the works they propose to

do in the succeeding period of three

months after the meeting;

to be informed by the Ward

Committee about every decision

concerning the jurisdiction of the Area

Sabha, and the rationale of such

decisions made by the Ward

Committee or the Government.

to be informed by the Ward

Committee of the follow up action

taken on the decisions concerning the

jurisdiction of the Area Sabha;

to impart awareness on matters of

public interest such as cleanliness,

preservation of the environment and

prevention of pollution;

to promote harmony and unity

among various groups of people in the

area of the Area Sabha and arranging

cultural festivals and sports meets to

give expression to the talents of the

people of the locality;

To co-operate with the Ward

Committee in the provision of

sanitation arrangements in the area.

The rights of acquiring information

with regards to services, decisions

regarding jurisdiction, rationale of

decisions, follow up actions,

awareness on cleanliness;

preservation and prevention of

pollution along with promotion of

harmony with cooperation for

arrangements are newer and

plausible aspects.


232


Constitution and governance of wards:

There shall be a Ward Committee

for each ward in a Municipality, to be

constituted within 6 months of the

constitution of the Municipality.

The selection of ward committees

is a feasible step as proposed.

Each Ward Committee shall consist of

a) the member of the municipality

representing the ward, who shall be

the Chairperson of the Ward

Committee

b) Not more than ten persons

representing the civil society from the

ward, nominated by the municipality.

The Chief Municipal Officer or the

Zonal Officer shall be entitled to take

part in the meetings and deliberations

of the Ward Committee.

The sanitary inspector, or the

Zonal Officer wherever available, or

any other official, as nominated by the

Chief Municipal Officer, shall be the

secretary of the Ward Committee.

The term of office of the Ward

Committee shall be co-extensive with

the term of office of the municipality.

However, the selection of persons

by the ward committee from the

civil society must be defined in

terms of the field and residence as

is done for the Area Sabha.

Duties of ward committees:

provide assistance in solid waste

management in the ward;

supervision of sanitation work in the

ward;

provide assistance for the

The rights and duties are

complementary to the ones

assigned to the Area Sabha.

Therefore, the scope of operation is

wider and a cooperative one. The


233


preparation and encouragement of the

development scheme for the ward;

encourage harmony and unity

among various groups of people in the

ward;

mobilize voluntary labour and

donation by way of goods or money

for social welfare programs;

provide assistance in the

implementation of development

schemes relating to the ward;

provide assistance for identification

of beneficiaries for the

implementation of development and

welfare schemes;

encourage art and cultural activities

and activities of sports and games;

ensure people's participation in the

voluntary activities necessary for

successful implementation of the

developmental activities of the

municipality;

assist in the timely collection of

taxes, fees and other sums due

ensure maintenance parks in the

ward;

ensure maintenance of street lighting

in the ward;

perform such other functions as may

be assigned to it by the municipality

steps suggested can be incorporated

in a variety of ways at number of

places in time.

The duties with regards to solid

waste management, sanitation,

preparation of development

schemes are innovative steps.

Assisting the timely collection of

taxes due to the municipality is an

innovative step.


234


The committee shall make periodical

reports to the municipality in respect

of the matters specified.

Every Ward Committee shall have the

right to:

Obtain full information about the

District and Municipal Plans;

Obtain the full Municipal Budget,

within such time as may be

reasonable, to verify, seek

clarifications and suggest changes that

need to be incorporated;

Obtain the requisite financial and

administrative support from the

Municipality in managing Bank

accounts;

Be consulted in the development of

land use and zoning regulations within

its jurisdiction;

Obtain full details on all revenue

items including taxes and budgetary

allocations which should be presented

in a simplified manner which is

manageable by the Ward Committee;

Retain up to 50% of the Ward

Revenues for local development, until

a predefined minimum level of Ward

Infrastructure index, which shall be

notified by the State Government, has

been created in the Ward; have a

proportionate claim on Municipal

The provision of laying claim over

Municipal Development

expenditure based on Ward

Development Index seems to be a

step towards ensuring

accountability and performance.

Obtaining information about plans

and giving consultation in the

development of land use and

zoning regulations is a practical and

innovative proposal.


235


Development expenditures, based on

the Ward Infrastructure Index of that

ward compared to the other Wards in

the Municipality.

Every Ward Committee shall have the

duty to:

Produce the Ward Plans in a manner

consistent with the District Plans and

complete this exercise within the time

specified by the state government;

Prepare the Ward Budget in

accordance with the Ward Plans and

complete this exercise within the time

specified by the state government;

Encourage local-level alternatives

for implementation in all the areas that

the Ward Committee has

responsibility for;

Ensure optimal collection of all

revenue sources as specified in the

schedule;

Map the Ward Infrastructure Index

for that ward.

The Plan preparation exercise,

preparation of Ward Budget,

encouraging local level alternatives

for implementation. Preparation of

Ward Infrastructure Index is an

unprecedented proposal.

Activities of the Ward Committee:

Preparation of a Calendar

Preparation and compilation of

plans

Preparation of Ward budget

Constitution of the Ward Finance

Committee

The provisions are systematic and

other related provisions are that of

the maintenance of a ward level

bank and the documents being kept

open for public scrutiny, which

appears to be an innovative step.


236


Penalties

Here, the Chairperson of the Ward

Committee is empowered to take

appropriate action and impose a fine

and penalty if required but the

decision is said to come into force

only if approved by a majority vote.

The provision is practical and

distributes power along with

emphasis on decision oriented

approach.

Supervisory Mechanism

The municipality shall take up the

responsibility of providing

administrative and infrastructure

support to the ward Committee for its

proper functioning.

The Ward Committee shall create

mechanisms for checks and balances

over the government personnel in their

ward. Ward Committees shall have the

power to recommend to the competent

authority for imposition of penalties in

respect of a Government employee for

misconduct and negligence of duties.

The power given to Ward

Committees is empowering with

regards to the function of

recommending the competent

authorities for penalties on a

Government employee.

Ward Development

A Ward information and Statistics

Committee shall be formed for various

developmental and planning works.

For this,

A committee of three persons shall

be constituted in every Ward as the

Ward Information and Statistics

Committee.

The constitution of the Ward

There should also be a provision for

including a representative from the

Area Sabha.


237


Information and Statistics Committee

shall be through nominations by the

Chairperson held within one month of

the constitution of the Ward

Committee. Provided that members of

the Ward Finance Committee shall not

be members of the Ward Information

and Statistics Committee.

The Ward Information and

Statistics Committee shall also

appoint from amongst themselves, one

person as the presiding member.

Duties of the Ward Information and

Statistics Committee.

It shall be the duty of the Ward

Information and Statistics Committee

to compile, maintain and update

annually the following information

about the ward in the format

prescribed by the concerned

Municipality for this purpose. Such

information shall include:

a) Economic Information including the

number and nature of commercial

establishments in the ward and

employment data in these

establishments;

b) Information relating to Land Use

includes the changes in patterns of

land use, data relating public spaces

and civic amenity sites, traffic patterns

The generation of information on

the select aspects is an appreciable

aspect and these indices will

directly help in the promotion of

the ward. However, provisions

should also be made to incorporate

members from the ward committee.

The timely submitting of the report

on a quarterly basis is an innovative

step and will ensure speedy

functioning. The ensuring of

Zoning provisions through the

Ward Committee requires a broader

scrutiny.


238


and public transportation hubs and

preservation and restoration of

environment, natural resources and

heritage sites.

c) Infrastructure Index including the

extent of infrastructural development,

current and pending projects, and the

infrastructural requirements of the

ward.

The report prepared in accordance

with subsection shall be used by the

Ward Committee in determining and

enforcing the Zoning provisions. It

shall be made available on a quarterly

basis to the meetings of the Ward

Committee, reflecting changes since

the presentation of the previous report.

Spatial Planning-

The Ward Committee shall:

participate in all development plans

of the city

enforce zoning and land use

regulations

participate in the creation and

enforcement of new instruments like

transferable development rights, etc.

Giving Ward Committees the

power to participate in the

development plans of the city is an

empowering step but no mention is

made here with regards to the

Master Plan.

Comprehensive intervention for urban

poor activities: The Ward Committee

shall be responsible for

(i) integrating all existing activities

undertaken by the Government

With reference to the integration of

existing activities undertaken by the

government, the distinction is to be

made between the real requirements

of the ward and what is proposed.


239


(ii) preparing and maintaining

beneficiary list for the

programmes and schemes undertaken

by the government in co ordination

with the relevant government agencies

(iii) preparing a report on the housing

and public distribution system

4.5.7. With regards to this Bill, it should be considered that the Master Plan contents are

not mentioned herein in any context. If the suggestions of the Ward Committee

are not in consonance with the zoning provisions, then these are liable to be

quashed and vice versa. This directly implies that the planning as advocated

through the Zonal Plans ‘is to be’ followed. This is contradictory to the powers

given to the Area Sabha in administering planning in their domain. Further, the

creation of rights and aiming at the enforcement of zoning and land use provisions

means that these ‘are to be’ implied, which is in direct contradiction to the aim of

this Bill.

4.5.8. The introduction of spatial planning is an innovative concept and can be combined

directly with the other provisions as these are rather the manifestations of spatial

planning. The Bill should be checked on this account. Otherwise, the provisions

are new in nature and innovative. The forty years of city planning did not generate

the detailed planning provisions in the Master Plan as has been done in the CDP.

What is most difficult to analyse here is that what is the individual status of

planning strategy for the city?

4.5.9. Is it dependent on separated and forceful policies or is waiting for issues to

multiply and diverse, as is the nature of the majority of urban centres of India, do

not have any planning strategy and then have specific policies spending

humungous amounts paradoxically on planning again? The main consideration is

for questions pertaining to what is advocated for the city and by whom? The

whole process needs an overview and analysis for even the basic concepts so as to

know where the city is headed for and what is proposed.


240

4.6. Remarks

4.6.1. The Master Plans do not exhibit a similarity of content with the interface policies

chosen. It is only recently that certain attempts are visible in the form of CDP or

suggestion of preparing Action Plans that some developments can be observed.

Besides, the aims of city planning are directed towards problem solving of the

problems that have existed since the inception of planning. With no effective

implementation in sight to these, what compliance can be expected of with regards

to best practices is debatable.

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