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3.2.

3 Land assembly and planning techniques/ Land development mechanism Land


assembly and development mechanism are undertaken for achieving optimum social use of urban
land and to ensure adequate availability of land to public authority and individuals. Public private
participation is achieved in land development through various techniques. Land assembly techniques
prevent concentration of land in few hands and promote its efficient social and economic allocation.
Some
of the land assembly techniques also promote flexibility in land utilisation in response to changes
resulting from growing city. The various mechanisms to assemble and/or develop land are enlisted
below:
_ Land Acquisition: bulk land acquisition by State and by private initiatives
_ Land Pooling: land pooling approach and redistribution scheme, popularly known as Town
Planning
schemes
_ Land Reservations: the concept of Accommodation Reservation which allows the land owner
to
develop the sites reserved for an amenity
_ Transferable Development Rights: a technique of land development which separates the
development potential of a land parcel for use elsewhere
3.2.3.1 Land acquisition
Land Acquisition means the acquisition of land for some public purpose by a government agency
from individual landowners, as authorised by the law, after paying a government-fixed compensation
to cover losses incurred by landowners from surrendering their land to the concerned government
agency (Wikipedia). The land acquisition process can be undertaken by the State or through private
initiatives. Bulk land acquisition is to be processed as stated in the RFCTLARR, 2013.
Bulk land acquisition method as a State Initiative:
In this method, Master Plan is prepared for the entire area for different land uses and various urban
activities. Land is developed in accordance to the planning norms for various uses/activities and is
disposed-off accordingly. Bulk land is acquired from farmers by the development agency and
compensation is paid to farmers/owners based on the provision of prevailing act. (Source: Alternate
modes of assembly and development of land and housing in the NCT of Delhi-AMDA)
Bulk land acquisition method with Private Initiative:
To defray the cost of land acquisition some state governments and ULBs have developed models in
which private sector acquire land by directly paying compensation to the affected families. A variety of
models are in existence through which land is acquired for planning urban growth with the private
partnership. The following alternate methods could be used to make the land acquisition more flexible
and responsive to people in order to reduce the burden and conflict between landowner and
government.
Private developers could be allowed to acquire land directly from landowners for township
development.
A joint venture financial model of urban development can be adopted as alternate to land
development to fund the acquisition and provision of facilities in new parcel of land.
Separate set of compensations could be decided for acquisition of land for public or private
projects.
Haryana Guided Land Development Model: In the Haryana model of Guided Urban
Development,
private developer can acquire land directly from farmers at market price and at the same time, it
permits a land owner to assume the role of a colonizer. This model provides fixed time

period of 5 years to utilise that land acquired (initially 2 years, then extension
of 3 years if required) and within this
period projects are supposed to be finished by private developer. Major
achievements of this model
are that the difficulties and delays of land acquisition are avoided and pressure on government to pay
compensation is reduced, overall enhancing investments.
Ghaziabad Joint Venture Model: Another land acquisition technique is followed by Ghaziabad
Development Authority, where a joint venture (JV) is entered between development authority and
builders/developers/co-operative societies through open bid (based on technical and financial
capabilities).
Under this land developmental model, twenty per cent of the plots developed are to be reserved for
EWS/LIG and the costing and allotting of social facility by developer has to be done as per the
government
regulations. The balance of the land is to be sold by the developer at profit. The development authority
for
the entire process acts as a facilitator only. Project duration is specified in the JV
agreement and
penalty is imposed if developer requires time extension, thus making sure that
land is utilised in
fixed time for stipulated time period.
Hyderabad Differential Compensation Model: In Hyderabad, the land acquisition
technique has been
modified into two different models, in which while acquiring land for public and private projects,
different
level of compensations are arrived at, these areA. Model I: When land is acquired for projects mainly for public purpose such as roads, power
generation and distribution, irrigation, schools, welfare housing, environmental projects etc., higher
compensation is paid to landowners by consulting them.
B. Model II: When land is acquired for projects such as SEZ, Industrial Estates, Satellite townships
and others where value addition enhances the land prices, mainly for third party use,
compensation is normally worked out on profit sharing basis which is in two parts
Basic Value (Government Rate) of Land
% Equity Sharing in SPV / % of Net Developed Area / Built Space
CIDCO Model of Land Development in Navi Mumbai follows the technique of land banking for land
assembly. The compensation to land owners is done by the way of monetary and land compensation.
But
in Vasai Vihar sub-region, CIDCO undertook the land assembly by obtaining power of attorney from
landowners or outright purchase of freehold lands located close to each other by private developers or

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builder. The promoter is solely responsible for providing and maintaining infrastructure for
consolidated
land parcel.
3.2.3.2 Land pooling

In Town Planning or Plot Reconstitution Scheme, the land is pooled and its development is financed
with
the involvement of landowners without compulsorily acquiring land. This land assembly technique
helps to
provide plots with basic services in a planned layout from the original haphazard arrangement. Costs
incurred by developmental authority for development and provision of infrastructure are recovered
from the
sale of the final land plots reserved by the authority and charges levied on landowners.
The land pooling technique is a mechanism for temporary pooling of different land for a unified
planning
and thereafter sub-dividing and collecting betterment charges to finance the infrastructure works. In
addition, the local authority can secure land free of cost for public purposes and EWS housing after
returning part of the developed land to original landowners. The reconstituted plots are allotted to the
land
owners in proportion to their original land holdings.
The scheme was first introduced in the Maharashtra Regional and Town Planning Act, 1966 and later
in
Gujarat Town Planning & Urban Development Act, 1976 and is now widely accepted model of land
assembly. Another deviation of the land pooling mechanism has been recently introduced by the Delhi
Development Authority (DDA).
Maharashtra Regional and Town Planning Act, 1966 (Town Planning scheme)
The Act provides for the creation of urban local bodies and development authorities for preparation of
development plans and their implementation by a number of Town Planning schemes (TP scheme)
utilizing the technique of Plot Reconstruction. As per the Act-Town Planning Scheme is a land
development technique undertaken by the land owners who pool their land to secure a good layout
thereof.
The town planning scheme is basically a legal procedure for allowing:
_ Pooling of land by different land owners
_ Formulation and approval of the layout showing the original as well as the final plots, including
roads
and amenities with active participation of the land owners; and
_ Redistribution of final plots after charging betterment contributions and paying compensation for the
land used for public purposes and transferred to the local authority.
The local authority, which is also a party to the TP Scheme, prepares the layout, processes it for
approval
by the state government and is responsible for its execution. In the whole process the land is
developed as
per the plan and without any land acquisition. When town planning scheme is finalised, the land so
carved
out for public purposes vests with the local authority free from all encumbrances. The remaining land
is redistributed
amongst the original landowners in the form of developed plots according to the equitable
formula. The development expenses are also shared in similar manner.

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Gujarat Town Planning & Urban Development Act, 1976: (Town Planning
scheme)
As per the provisions in the Act, the responsibility of initiation, implementation, and investment in the
schemes rests with the development/local authority. The model is most attractive to the landowner
who
gets back fifty-four per cent of the land. Under this Act, the Town Planning Scheme is divided into 2
parts
namely physical planning of the scheme and financial aspects of the scheme. The concept of TP
scheme
is akin to land pooling technique in which land of different owners is pooled together and after proper
planning the same is redistributed in a properly reconstituted plots after deducting the land required
for
open spaces, social infrastructure, services, housing for the weaker section and street network. The
process enables the local planning authority to develop the commonly pooled land without
compulsorily
acquiring the same. It facilitates the freedom of planning and design and the control on the growth and
development.
In order to implement the Master Plan / Development Plan prepared under the Gujarat Town Planning
&
Urban Development Act, 1976, Town Planning Schemes are prepared at micro level. It is prepared in
those pockets which are under pressure of urban development and need priority attention. The
scheme is
conceptualized as a joint venture between the local authority and the owners of land, who voluntarily
agree
to pool their land, redistribute the reconstituted plots of land among themselves and share the
development
cost.
For preparation of scheme, land parcels with common ownership are marked with original survey
number /
plot number on a map. All such original plots form one area for planning purpose. In the layout plan,
the
area for roads and streets and public and semi-public spaces are taken out while the remaining area
is
planned for the final plots. The final plots are, though reduced in size but are, better in shape, build
ability
and accessibility, thereby the value of the plots is enhanced. These final plots are allocated to the land
owners preferably in close proximity to their original plots. Part of such increment in land value is
contributed for the cost of development work in the scheme. (Source: Town planning and
valuation
Department-Government of Gujarat)
Delhi Land Pooling Policy
In Delhi, large scale Land Acquisition, Development and Disposal Policy is operational since 1961.
According to the modifications introduced in 2013, the new land policy is based on the concept of
Land
Pooling. Under this, the land parcels owned by individuals or group of owners are legally consolidated
by
transfer of ownership rights to the designated Land Agency. This Land Agency later transfers the
ownership of part of land back to the land owners for undertaking of development of such areas.

The Delhi Development Authority (DDA) acts as a facilitator with minimum intervention and speeds up
integrated planned development. A land owner, or a group of land owners or developer (Developer
Entity),
are permitted to pool land for unified planning, servicing and subdivision / share of the land for
development as per prescribed norms and guidelines. Each owner gets equitable return irrespective
of
land use assigned to their land in Zonal Development Plan with minimum displacement.

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This Land Policy is adopted to ensure speedy development of Master Plan Roads and other essential
physical and social infrastructure and recreational areas and as well to ensure inclusive development
by
adequate provision of EWS and other housing as per Shelter Policy of the Master Plan.
However, the private sector intervention is by Developer Entity (DE), who is responsible for assembly
and
surrender of land as per policy in the prescribed time frame, preparation of layout plans/detailed plans
as
per the provisions of the Master Plan and the policy and seek approval from the DDA. The DE will
have to
develop sector roads/internal roads/infrastructure/services falling in its share of the land and can also
be
allowed creation of infrastructure facilities, roads, parks etc. at city level subject approval of Competent
Authority. Prescribed built up space/Dwelling Units for EWS/LIG housing component to the DDA has
to be
returned as per the Policy by the DE. The DE will also be responsible for the timely completion of
development and its maintenance with all the neighbourhood level facilities till the area is handed over
to
the concerned Municipal Corporation for maintenance.
According to Delhi Land Pooling Model, for land assembly and development with Developer Entities,
two
categories have been proposed for land assembly. Category I is for 20 Ha, in which land that is
returned to
DE will be sixty percent while DDA will retain forty percent land. Category II is for 2 Ha to less than 20
Ha
under which land returned to DE will be forty-eight percent and land retained by DDA will be fifty-two
percent.
The town planning scheme is referred as land acquisition without tears and has the following key
advantages:
_ Infrastructure is provided in coordinated way
_ Partial cost is recovered through betterment charges
_ Land for public and community purposes is acquired without direct expanses
_ Community benefits through unified planning
_ Landowner shares the project cost and benefits by increased property prices

However, the Land Pooling Scheme suffers from various issues, such as:
_ Delay in process of preparation, approval, arbitration and implementation mainly due to litigations
_ There are issues related to cost recovery
_ There is also definite lack in public participation in such schemes
To overcome the drawbacks of TP scheme, some of the suggestions are enlisted below:
_ Division of scheme into planning and financial part, which has been done in the Gujarat model
_ Appointment of an arbitrator and a project planner by local authority to modify the plan after initial
preparation, who would undertake active consultation with original stakeholders
_ The contribution which is based upon the estimated value of land assuming full development as per
the
scheme should be replaced by estimated cost of the scheme
_ Provision of Transferable Development Rights in lieu of compensation to original plot holders can be
considered
_ Land pooling schemes to be prepared only for the areas included in current development plan

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Land development for Schedule-6 areas: Northeast states have areas/districts which are
under the
Schedule 6 of Constitution of India. In the states of Assam, Meghalaya, Tripura and Mizoram land
development and planning are not directly under the control of the State government but rests with the
Autonomous District Councils. In the north-eastern states, land is broadly under two types of
ownership:
a. Public land,
b. Community tenure.
Since communities are owner of land rather than individual owners, communities can be involved in
development process of the settlements as it may be viable and easier approach. Community may be
encouraged to pool land rather than developer or individual land owners. For the development of
important
infrastructure in these States may take initiative if it has sizable continuous proportion of land,
otherwise
involvement of communities must be explored as an option. A land pooling agreement may be done
between government and communities for such land development. The suggested approach may
fasten
the process of land and infrastructure development, and increase economic development which is
also the
requirement of the region.
3.2.3.3 Land reservations (reservation on land development by Central governments & different State
governments)
The concept of Accommodation Reservation allows the land owners to develop the sites reserved for
an
amenity in the development plan using full permissible FSI/FAR on the plot subject to agreeing to
entrust

and hand over the built-up area of such amenity to the local authority free of all encumbrances and
except
full FAR/FSI as compensation in lieu thereof. The area utilised for the amenity shall not form part of
FAR/FSI calculation. Reservations such as retail markets, dispensaries, etc. can be implemented in
this
way wherein local authority is not required to acquire the land by incurring expenditure on payment of
compensation.
In case of reservations like shopping centres, industrial estates, etc, the owner can be allowed to
develop
them on his agreeing to give at least upto 25 % of the shops to the local authority for the purpose of
rehabilitation of the displaced persons from sites reserved for public purposes or amenities in the
development plan, on payment of cost of construction. The remaining shops are allowed to be taken
care
of by the land owner.
In case of road widening and construction of new roads, the local authority can grant additional FSI on
100
% of the area required for road widening or for construction of new roads proposed under the
development
plan, provided the owner surrenders the land for widening or construction of new roads to the local
authority free of all encumbrances and accept the additional FAR/FSI as the compensation in lieu
thereof.
This mechanism has considerably relieved local authorities from incurring huge expenses for the
purpose
of acquisition of such lands.
The concept of accommodation reservation has already been introduced in Mumbai by incorporating it
in
the Development Control Rules of Bombay Municipal Corporation. Realising its positive effect in
implementing the developmental plan proposals, the Government of Maharashtra has directed all the

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Municipal Corporations and Municipal Councils in the state to incorporate the provision of
accommodation
reservation in their development control regulations. Accordingly, this new system is also now followed
by
all the local authorities in the state for the purpose of executing the sanctioned development plans.
3.2.3.4 Transferable Development Rights (TDR)
TDR is a technique of land development which separates the development potential of a particular
parcel
of land from it and allows its use elsewhere within the defined zones of the city. It allows the owner to
sell
the development rights of a particular parcel of land in exchange of another land parcel. This
entitlement is

over and above the usual FSI available for the receiving plot in accordance with the prevailing laws
and
regulations, which entitles a landowner to construct additional built-up area on his existing building or
vacant land.
TDR is taken away from the zone and it is tradable which makes it different from Accommodation
reservation. This is also generally used as a technique for redevelopment of inner city zones and for
reconstruction. TDR is a useful tool for re-development of land. However it has its prospects and
consequences as understood from the implementation experience in various cities in India. Hence it
should
be used carefully.
Greater Mumbai: Under the TDR concept in Greater Mumbai, the development potential of a plot
of land
partly or fully reserved for public purpose can be separated from the land itself and be made available
to
the owner of the land by way of TDR in the form of Floor Space Index. This way the exorbitant costs of
acquisition of urban land for public purpose can be met by a system of compensation in kind rather
than in
cash. FSI or FAR can be utilised by owner from an inner-zone (originating area) to an outer-zone
(receiving area) specified by regulations. According to the Development Control Rules of Greater
Bombay
Municipal Corporation, land reserved for public amenities, utilities and services can compulsorily be
acquired by granting TDR in lieu of compensation.
Chennai: In year 2008, Chennai Metropolitan Development Authority (CMDA) introduced TDR.
According
to the guidelines, TDR can be used in case where land is partly affected by the Master Plan / Detailed
Development Plan proposals. TDR is granted when a project for road widening or a new road
formation or
implementation of any traffic and transportation infrastructure development or any urban infrastructure
development is published by the authority. Even if the site is already developed one, irrespective of
whether it is an authorized or unauthorised development, the part of the land required for the public
purpose is eligible for the award of Development Rights Certificate (DRC).
Karnataka: In Karnataka, the local bodies are empowered to permit additional FAR for the land,
handed
over free of cost by the landowners, for road widening, formation of new roads, for development of
parks,
playgrounds and other civic amenities etc. Such award is entitled to the owner of the land in the form
of a
DRC. The DRC has an attached time limit of 10 years within which it is to be utilised, or else it will
lapse.
Based on the intensity of development, the city is divided into intensively developed (A-zone),
moderately
developed (B-zone) and sparsely developed (C-zone) zones in the plan. The Transfer of Development
Rights shall be from intensely developed zone to other zones and not vice versa.

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Rajasthan: The state of Rajasthan has introduced Rajasthan Urban Areas Transferable
Development
Right Policy (2012) in which TDR enables the transfer of development potential partly or fully from one
plot
to another. TDR certificate is issued by ULBs in lieu of land surrendered by the owner/ private
developer
for development of affordable housing, green spaces, public parking lots, roads including road
widening,
city level facilities/other public purposes, slum rehabilitation scheme under Slum Development Policy
2012.
Under this policy, TDR generated in an urban area (meaning city) can be utilized within the same
urban
area only. However, the TDR shall be utilized in various receiving zones over and above the
prescribed
standard FAR but subject to the maximum FAR allowed in Building Regulations. The policy
encourages
TDR generation for residential use only in case of Affordable Housing.
3.2.3.5 Guided Land Development
The models discussed above use different techniques of land assembly for the land development or
provision of services. However, United Nations Economic and Social Commission for Asia and the
Pacific
(UNESCAP) provides a model of land development in its paper Urban Land Policy for the Uninitiated
which guides the direction of urban development for Asian cities.
Guided land development model uses the provision of infrastructure as instrument to guide urban
development. This is done in partnership with landowners who pay for the cost of providing services to
their land and in return donate land for public infrastructure and a payment as betterment levy. This
model
has been proposed for guiding the conversion of privately owned land in the urban periphery from
rural to
urban uses. It uses a combination of traditional government role of providing infrastructure and the
enforcement of land subdivision regulations. The key advantage of the approach is that it is less costly
than outright land acquisition and more equitable than land banking.
The principle behind guided land subdivision is that the government agency proactively selects the
direction where it feels urban development should take place and provides infrastructure in those
areas.
This acts as an incentive to encourage developer to invest in the planned area selected by the
government
agency.
The cost effectiveness of guided land development approach results from the fact that land
development is
planned, designed and implemented with the landowners of the designated area, who donate land for
roads and right of way for infrastructure and public spaces, as well as, pay a betterment levy to meet
the
costs of the project. The betterment levy is justified because of:
the increase in the value of land from the provision of infrastructure and
conversion of rural land use to urban land use.

To finance the scheme, a loan is initially taken to build the infrastructure, which is paid from betterment
levies provided by landowners either on annual instalments or in lump sum upon sale of land. The
infrastructure is provided by the government agency upto the site. Individual landowners are supposed
to
subdivide their land for various developments and lay the on-site services.

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But Guided land is often fraught with difficulties on the ground. First, as the model depends on the
consent
of the landowners it cannot be applied in areas with fragmented landownership, lack of owners will
and
consensus. Second, collection of betterment levies may not be feasible by small landholders and lead
to
default of payment.
3.2.4 Inclusive Land Development
Most cities in developing countries suffer from land market distortions caused by poor land
development
and management policies including poor planning, slow provision of infrastructure and services, poor
land
information systems, cumbersome and slow land transaction procedures, as well as under regulation
of
private land development, leading to unplanned or ribbon/corridor development of land in the urban
periphery. The urban poor suffer most from a dysfunctional city. Distortions in the land markets allow
land
speculation which often prices the poor out of the formal land markets and into the informal land
markets
which are exemplified by slums, squatter settlements and illegal sub-divisions, mainly in the periphery
of
cities. This leads to longer commuting time and costs, very poor living conditions, caused by lack of
adequate infrastructure and services, causing poor health and greater expenditure, thereby
entrenching
the cycle of poverty.
Land and housing have special significance for the poor. Often for poor, a house is not just a shelter,
but is
also a place for income generation. Urban settlements of the poor in the region are characterized by
home
based workshops from which the poor earn their incomes. When the poor are locked out of the formal
land
and housing markets they revert to the informal land and housing markets to meet their needs.
Though slum, squatter and illegal settlements are often used interchangeably but they are different
from
each other and denote different characteristics of the settlement.
_ Slums are legal but substandard settlements, with a lack of adequate services and overcrowding.

_ Squatter are settlements where land has been occupied illegally. They are often found on marginal
or
environmentally hazardous lands, such as close to railway tracks, along rivers and canals etc. They
are
also found on government land or land whose ownership is unclear.
_ While squatter settlements are spontaneous and unorganized, illegal settlements are planned and
organized. These usually occur in cities where the government owns large tracts of vacant land, with
low opportunity cost, in the periphery of the city.
3.2.4.1 Inclusion of Poorer Section into the Formal Land Market
Experience has shown that bringing the poor into the formal land and housing markets needs a two
pronged strategy: increasing the choices available on the supply side and increasing affordability on
the
demand side.
1. Increasing supply of land for the poor includes following:
Sites and services: It provides the target group with a plot and basic infrastructure, such as
water, roads and sanitation facilities.

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Illegal settlements regularization/upgrading: Settlement upgrading provides existing settlement


dwellers land tenure, as well as, basic infrastructure.
Land-sharing: Landowner and the land occupants reach an agreement whereby the land owner
develops the economically most attractive part of the plot and the dwellers build houses on the
other part with full or limited land ownership.
Sites without services - incremental development: The approach includes mechanisms
whereby groups of households are encouraged to organize themselves, accumulate funds and
provide infrastructure gradually.
2. The strategy of increasing effective demand for land for the poor has following schemes which can
be used to provide better shelter to the urban poor:
Community organization: Organized communities of the poor can afford housing and they also
negotiate with governments and other stakeholders more effectively.
Increasing savings and providing access to finance: Community-based savings-and-credit
schemes preserve organized communities and increase access to finance.
(Source: UNESCAP- Urban Land Policy for the Uninitiated)

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