Under the 74th revision in Indian Constitution which gave a power to the Local Government to prepare a DP (Development Plan) on the basis of ELU (existing land use map) and various demographic as well as geographic surveys, to assist in the process of planning by means of MR&TP Act, 1996. These Local Governments are supposed to carry out their DP (Development Plan) process in accordance with their appropriate regional plan. As explained earlier one of the Local Municipal Corporations in India called 'Pune Municipal Corporation' (PMC) has proposed its revised CDP for 2007-2027. And for this revised CDP the process of SEA is being carried out by PMC for encouraging a sustainable planning process in Pune city.
With reference to the previous chapters, it is clear that there are no proper guidelines are available in Indian Planning system, which can be referred for SEA application in Plan Making System. Though the project level impact assessment tool of EIA is well established in India, the revised notifications by MoEF in 2006 does not make SEA process mandatory for plan making process. In this situation, one Swedish Organisation, 'Ramboll - Natura' had approached to PMC to help them in preparation of Sustainable City Plan for Pune city (SCPP) and application of SEA into Local plan making process in Pune. As specified by PMC, guidance for this SEA application will be followed using 'EU type SEA'. This chapter describes existing and proposed provisions for SEA application by PMC by emphasising the current status of its SEA progress. Furthermore this chapter explains the relationship between SEA process and CDP for Pune city, with a focus on suitability of EU type SEA process in Indian context using SWOT analysis.
SEA Process - Current Status and future projections
The application of SEA process is being undertaken by PMC for its revised development plan (2007-2027) for Pune city. This application of SEA mainly aiming to integrate assessment of ecological, social and economical issues related in the plan making procedure of PMC. With reference to the PMC officers, this is the first instance of SEA application for preparing City Development Plan (CDP) for any city in India. This SEA study limits the area of 243.84 sq km of area under jurisdiction of PMR. As indicated by the period of revised development plan- 2007-2027 this SEA study has a secular scale of twenty years by means of MR&TP Act, 1966. As stated in earlier chapters, the planning process in Maharashtra state is mainly land use based, therefore Spatial Planning extent of this SEA application covers all types of Land Use Planning incorporating Urban and Regional Planning with Transportation and Environmental Planning. With relation to the concept of spatial planning which is incorporation of larger perspective towards development and spatial characteristics, preparation of development plans must consider wider concepts of strategies like culture, environment etc. As mentioned by PMC their vision for revised sustainable development plan is as follows:
"An economically vibrant city, of its citizens, of diverse opportunities with a rich culture in which all the citizens enjoy a safe, liveable environment with good connectivity" (PMC_report1)
This procedure of SEA application to CDP of PMC is being carried out analogously with Plan Makin process, expecting significant contribution from SEA into planning process, emphasising issues related with PPPs and decision making process. This is described in following figure,
https://blob-s-docs.googlegroups.com/docs/OgAAAMZgQNKI-dE2Tsbhutg7ZoZptWZQMjrImalA3zG5GqsWkb7PkAwnYr0OxRVC-ewMTfQQC_0a0LFZOUqkPA8qBBoA15jOjNxrziI9UUh2ef8yD8w918UJRorY
(https://docs.google.com/present/view?id=ddbmrkmq_203h5fzzxgc)
As SEA is a new concept in Indian planning system context, proper introduction to PMC officers and related bodies like NGOs, Stakeholders etc was essential. This process of SEA is being achieved through two phases explained as follows,
SEA Phase 1:
Exercises, discussions and training of SEA to integrated bodies,
Recognising the aims and indicators for this process,
Preparing framework for outline of 'Scoping Report'
Discussions and interviews with NGOs and residents, for confirmation of 'Scoping Report',
Assessment and sanctioning of 'Scoping Report'.
SEA Phase 2:
Recognising rational alternatives for the indicators,
Identifying similarities and differences in recommended activities,
Approximate evaluation of environmental, social and economic impacts,
Thorough assessment and mitigation of preferred alternatives,
Preparing suggestions for outlining of SEA report,
Structuring, discussions and confirmation of SEA report,
Efficient management and monitoring of impacts due to development plan.
SEA Process - Current Status
For successful progress of Phase 1, PMC in co-ordination with 'Ramboll consultants' and some NGOs like CEE, Pune carried out an introductory workshop for understanding and training of SEA. With reference to the discussion with PMC officer, related to CDP and SEA of PMC, in concurrence with MR&TP Act, 1966 the procedure of Public Involvement only happens following formulation and publication of Draft Development Plan document. However in the case of PMC due to impression of SEA integration of Decision Making Authorities, Environment Authorities, Public Consultants, various NGOs, etc was carried out from the initial stages of planning process for CDP. PMC through consultations and discussions considered their perceptions and ideas for framing out various planning indicators and alternatives for the objectives set. Through calibration of these alternatives and suggestions in spatial planning frameworks, the paramount set of alternatives was finalised by PMC which reflected in 'Draft Scoping Report'. In present status of this process, PMC has completed Phase 1 of preparing 'Scoping Report' after carrying out public consultations, with the help of 'Ramboll consultants' and NGOs. The outline of this 'Scoping Report' as per PMC is mentioned in Appendix 2. (Interview with Phand)
After having discussion with an officer from 'Ramboll - Consultants' who is assisting PMC in this project, I have concluded that the main intention of SEA introduction in Indian Local Plan Making Process is to enhance the planning system in India from sustainability concerns. It also seeks to improve it through modified public participation in Plan Making Process. Introduction of SEA to CDP of Pune city was a trial by 'SIDA' and 'Ramboll Consultants' to check the response and suitability of Indian Planning System to this process in achieving the objectives set. PMC and SIDA are aiming to develop this project of SEA application to CDP, to be considered as Pilot project in Indian Planning Context. PMC is aware of the fact that preparation of 'Scoping Report' is essential element of SEA process and should incorporate results received after consultation with local residents and stakeholders. After preparation of this scoping report, PMC had widely published this report accessible for local public and stakeholders. Comments and suggestions received through this consultation process will make SEA report procedure efficient. Public consultation for this 'Scoping Report' was carried out by PMC with the help of one NGO called CEE, India. This process was carried out on a ward level so that they can contribute their perceptions and thoughts for betterment of Planning Process. Consultation with some NGOs like CEE having environmental background was very helpful because of their propositions for conserving green cover, cultural assets and architectural legacy within the city. Though the eventual outputs from this project will be helpful in deciding the practical suitability of EU type SEA process in Indian Context, I have attempted to test the theoretical suitability of Indian Planning System to SEA process through a SWOT analysis explained further in this chapter.
Future projections of SEA process
In the Second Phase of SEA process PMC is progressing towards preparation of SEA report which is most vital part of this SEA study. This SEA report will be included with information related with probable effects due to CDP with their mitigating provisions and significant alternatives derived after completion of Phase 1. Nevertheless, significant aim of this SEA study is to endorse incorporation of issues related with sustainable development in Plan Making process and appropriate implementation in SCPP. The successful carrying out of phase one 'Scoping Report' and improvement happened alongside preparation of this report, like public consultation can be recognised as a positive and vital movement towards achievement of eventual aim i.e. sustainable plan making process. Significant rationale of this SEA report is to prepare an integrated documentation of relative impacts for preparation of SCPP with alternatives that will be helpful in manipulating planning process and improving consultations with Public, NGOs and other associated authorities. For this purpose instead of making a lengthy SEA report, it will include briefing of assessment procedure with comprehensive information on evaluation and consultation process outcomes. Furthermore this report will be consisting of an extract from phase one 'Scoping Report' for providing adequate helpful information like guidance for better practice on assessment procedure explaining reasons for various decisions made. To be specific as per mentioned by PMC this phase 2 SEA Report will be consisted of:
"Significant social, economic and environmental impacts (both positive and negative) of the plan;
Main strategic alternatives considered and how they were identified;
Comparison of the significant effects of the alternatives;
How the sustainability issues were considered in choosing the preferred strategic alternatives;
Other alternatives that were considered and why they were rejected;
Proposed measures for mitigating negative effects and for enhancing positive effects." (PMC_report 1)
The detailed content of this report is specified in Appendix 2.
Sustainable City Plan of Pune City (SCPP)
Administrative provisions in Pune
The city of Pune is 8th leading metropolitan urban region in India having one of the emerging urban economies in India. Previously well known as Military Cantonment area Pune city has increasingly developed as a vibrant capital of not only education but cultural and financial significance. Since last few years Pune city has been recognised as 'Silicon Valley' due to rapidly growing software industry. City of Pune is acknowledged as capital of academics and cultural activities in Maharashtra State. The District of Pune is comprised of many Taluks of which City of Pune works as district control centre. Furthermore PMR (Pune Municipal Region) includes governmental area of PMC, PCMC, with 3 Cantonment boards Pune, Dehu road and Khardi, with surrounding urban and rural residential establishments which consists of self adequate land-use and traffic management within their local authorities. The area under PMC jurisdiction has been sub-categorised in 144 community wards to make easy the regulation of PMC. The previous development plan in 1987 is now being revised by PMC to enhance sustainable development in Pune City.
Sustainable City Plan of Pune city (SCPP)
The phrases Sustainability and Sustainable development can be elaborated further as the procedures looking for the enhancement of progress towards impartial and controlled capability of community and ecological systems. The concept of Sustainable city can be described as the city which improves the communal, cultural and ecological welfare of present and forthcoming generations. The key aim of Sustainable City Concept is to encourage the incorporation and multi-regulatory advancement by highlighting probable combinations among various subsystems and areas of implementation, from which modified and sustainable outcomes can be expected. This can be resulted in enhanced and efficient utilisation of natural resources with mitigating poverty symptoms for sustainable development in urban, social and environmental aspects.
PMC had submitted an application asking help from SIDA (Swedish International Development Co-operation Agency) in preparation of Sustainable City Plan for Pune city (SCPP) including particular emphasis on urban traffic and land use issues. This support from SIDA will be incorporated within PMC's efforts of modifying the DP to prepare an integrated Sustainable City Plan for Pune city (SCPP). During this process, one Swedish Environmental Consultants called as 'Ramboll - Natura' has approached to PMC with an initiative of carrying out 'Strategic Environmental Assessment' (SEA) for this revised CDP of Pune City. In current situation, Ramboll with the help of some NGOs and PMC officials are engaged in carrying out this strategic evaluation, referring EU type SEA process and some experiences of SEA practice by Ramboll. (Discussion with Phand, Andersson)
Most of the metropolitan cities in India like Pune have pollution issues causing serious problems related with health of the communities. Increasing number of vehicles on the road, creating traffic and transportation issues, with reducing dependency of communities on Public Transport, creates unsustainable environment in such cities. In many cities like Pune, Mumbai large amount of urban life is situated in Slum Areas, which are mentioned as 'Habitat without appropriate potable water supply or robust housing stock'. Insufficient supply of necessary services like water and sanitation helps in causing health problems in such areas. In practice the execution of Sustainable City Concept needs an understanding of inventive procedures, ability to shortlist and choose suitable solutions and importantly to integrate these solutions in a way to enhance the sustainable development considering environmental, social and economical aspects. PMC has understood the importance of 'Sustainable City Concept'. PMC has started many significant initiatives towards developing Pune as a 'Sustainable City' like preparation of revised CDP for inviting financial investments from JNNURM, ESR (Environmental Status Report) preparation every year, enabling planners with GIS-Platform etc. As per PMC this SEA application for CDP will play a significant role in the way of establishing Sustainable City Plan for Pune (SCPP).
Suitability of SEA process to Indian Planning System: A SWOT analysis
SWOT by R. Palliwal
The strengths and weaknesses of a system are determined by internal elements, whereas external forces dictate opportunities and threats. Strengths can be defined as any available resource that can be used to improve its performance. Weaknesses are flaws/shortcomings of any system that may cause to lose a competitive advantage, efficiency or financial resources. Sometimes it is recommended to identify opportunities and threats first in order to more quickly bring to light the systems strengths or weaknesses. Many of the threats are based on weaknesses.
3.1. Strengths
Strength identifies resources and capabilities of the EIA system, which may aid to develop the system further. It shows that there are huge possibilities to improve the system but strong legal framework is a positive and supportive feature. The strength of Indian system also lies in existence of regulatory authorities to execute the law all over the country.
3.1.1. Well-defined legal structure
It is very much evident that the constitution of India is deeply committed to environmental protection (Biswas, 1996). A well-defined legal framework exists to safeguard quality of environment. The EPA (1986) in particular established EIA as a legal requirement for upcoming development activities. The EPA (1986) and various other laws, to which EIA process is linked and draws its meaning, explicitly state penalties and fines along with imprisonment in case of any infraction of the legal provisions. Strong judicial construct and democracy in the country are strong points of the system. Several Public Interest Litigations (PILs) have been raised on the pollution related hazards in different parts of the country. On realizing implications of pollution on the environment and human health, the judiciary has also directed central and state authorities to take initiatives (CPCB, 2002a).
3.1.2. Presence of well-knitted regulatory structure
The constitution of India has assigned various bodies with the responsibilities of the defining and implementing the stipulations mentioned in EIA decree, as discussed in Section 2.2. Both central and state authorities are made responsible for its execution, which provide a well-knitted execution system at every end.
Weaknesses
Present EIA practice in India is restricted to project level, which also has several weaknesses. It is perceived merely as a bureaucratic requirement limited to selection of project or pollution control technology (Lohani et al., 1997; Rao, 1997).
Screening and scoping processes are not well defined
The screening process is based on list of 32 projects listed in schedule-I of EIA notification, amount of investment and sensitive zones, as discussed in Section 2.3, not on level of impact, types and complexities of pollutants, size of project or raw material and technology used, etc., as considered in China (Chen et al., 1999; Wang et al., 2003). Screening guidelines in India do not specify if rapid EIA could be conducted (TERI, 2002). Scoping on the other hand is left on project proponents who most of the time are not interested in considering diverse impacts. For instance, in industrial estate of Haldia, most of the industrial projects never tried to estimate the impacts of their effluents on the ground water and nearby flowing river streams. All of them got rid of it by saying that impact of their loadings would be negligible when compared with the quantum of flow in the river Hoogly. Analysis of alternatives is also a weak link in EIA. Most of the time it is restricted to 'with project' and 'without project' scenarios (World Bank, 1999). Site clearance happens much before environmental clearance process because of which comparative assessment of sites is also not given due consideration.
Insufficient baseline data
Good quality data is a major concern while preparing any EIA report. Lack of sampling networks and ill-defined sampling and analysis procedures also adds to the problem of inconsistency (TERI, 2002). There is no central data bank; therefore, data gathered through different agencies is not available to public. Quality assurance and quality control on existing data is also nil. One of the PCB officials remarked during a meeting with author that there is no dearth of data as almost all major industries are carrying out periodic monitoring to fulfil their administrative requirements but reliability of such data is very low (personal communication).
3.2.3. Inconsistent application of evaluation and predictive tools
Lack of guidelines on the use of available modelling approaches put a doubt on their application to the Indian conditions and on their level of accuracy in prediction. Most of the mathematical models used are not developed for Indian conditions, so validation is necessary each time, thus, accuracy of modelling depends on knowledge and expertise of the analyst. Indian practice still considers impacts of individual activity thereby ignoring cumulative impact assessment. It was observed that prediction techniques employed in most of the EIA reports for the units in Haldia focus on primary impacts, rather than secondary and tertiary impacts. Socioeconomic, cultural and ecological assessments were also not given much emphasis.
3.2.4. Improper monitoring and implementation
EMP is mere a statutory requirement i.e., if development of green belt is one of the solutions, EMP mostly lacks details on type of plant species to be planted, area required for plantation and time to accomplish the target. Most of the EIAs do not mention cost of implementation, responsibility and period for EMP implementation. It was observed that regulatory authorities have their own limitations in regards to manpower, technical resources and ever-increasing workloads, to carry out a purposeful monitoring (Lohani et al., 1997). Besides weak enforcement is another important factor (MoEF, 2003a; TERI, 2002). It has been observed that show cause notices were issued to the industries in Haldia, which, were found noncompliant repeatedly. However, strong actions against them were not taken. "We do guide them on these issues and take necessary actions but cannot shut them, as it may have several repercussions", said one of the PCB officials (personal communication).
Inadequate public participation
Public hearings are conducted to incorporate concerns of locals in decision-making. Unlike USA and Netherlands, where public involvement is must at various stages of EIA i.e., screening, scoping, report preparation and decision-making (Wood, 1995; MHSPE, 2000), in India public hearing is conducted just before making decisions. Though it is understood that mechanism of public participation prevailing in developed countries may not be feasible in India because of societal and economic reasons. But even one time public interaction is not very apt because of insufficient information on the role of people in the process as well as lack of awareness on environmental matters (Sinclair and Diduck, 2000). Above that, people feel betrayed, as points raised in public hearing are rarely involved in planning and decision-making (as observed in case of one of the units in Haldia).
3.2.6. Poor quality EIA reports and non-accountability of EIA professionals
Project proponents hire professionals to carryout EIA for their projects and thus the role of these experts is very central. There is no process of certification of consultants to maintain quality of EIA report. There are guidelines for preparing EIA report (MoEF, 2001b), but most of the reports tend to be a collection and compilation of data (TERI, 2002;Valappil et al., 1994, personal observation).
Interpretation and analysis of the collected data is subjected to various inadequacies, which place a question mark on the accountability of EIA professionals. As discussed in earlier sections for Haldia, information on various aspects of water had been collected but never done any analysis to realise the impact of various sources on the water quality, biodiversity, etc. In one of the reports even the calculation for maximum ground level concentration of air pollutants was suspected when found inconsistent. Assumptions and limitations of the analysis carried out by consultants were hardly discussed in any of the report.
3.2.7. Lack of coordination and poorly defined decision-making process
Lack of expertise and limited resources with executing authorities result in inferior decisionmaking. In several cases at Haldia lack of coordination was felt among SPCB and concerned regional office. Though they are dealing with same set of industries both perform their duties in isolation. Lack of coordination between various governmental agencies, decision makers, planners and project proponents not only cause delay in decision-making but also pose hindrance in effective implementation of environmental regulations (MoEF, 2003a).
3.3. Opportunities
With more education and awareness, people are becoming environment conscious. Change in income levels; demand for personal comfort and socially responsible behaviour of industrial units would open up opportunities to improve the implementation of laws and policies.
3.3.1. Increasing public awareness
Increasing awareness and growing public pressure are demanding action to stop further environmental degradation. The demand for better environment is forcing a policy shift. In response to this stress, government has been setting emission standards for various pollutants, whereas industries in turn have focused on achieving emission goals. People are challenging the decisions of government where industrial growth is favoured over environmental protection.
Several public interest litigations had been filled on these issues. Taj Trapezium Zone (TTZ), shifting of industries from Delhi and Kanpur tanneries cases are some of the examples where public intervened and judiciary reckoned that industries were liable to the environmental damages (CPCB, 2002a). Local people are now emerging as a new range of environmental 'stakeholders'.
3.3.2. Growing consciousness through Non Governmental Organisations (NGOs)
For the past few decades, environmental groups are taking initiatives to develop activities in raising public awareness and public involvement in decision-making process. They play a multidimensional role, which includes capacity building of a civil society with emphasis on the principles of sustainable development and creating a forum to facilitate the implementation of regulations involving localites. Their campaigns empower communities by furnishing information on environmental laws, policies and effects of environmental damages. These NGOs are catalysing a participatory movement involving women and youth, school and university students, towards environmental protection. The aims of the environmental movement is to improve information disclosure and engaging various stakeholders in the process of managing environmental goods.
3.3.3. Self-regulation in industrial sector
The concept of Corporate Social Responsibility (CSR) is emerging fast, which emphasise on the business practices based on ethical values and respect for employees, communities and the environment. Corporate have started realizing that initiatives towards environmental conservation would characterize an effective means of advertising their virtue in the eyes of society. Consumers are now demanding for more environment friendly products, which clearly indicate that companies have their interest in going green. Corporate have also agreed that "clean is cheaper", on saving resources and throwing less waste to environment in strict business sense means adding to their profits. As per an environmental manager of a lead battery-manufacturing unit, export opportunities paved way to adopt better house keeping and environmental standards (personal communication). Opening up of markets for multinationals in India is providing opportunities as global companies may facilitate the diffusion of cleaner technologies conforming high global standards.
3.3.4. Integration of EIA with plans, policies and programs
To streamline EIAs of individual development projects, the Indian system should also look at the problem from a higher platform and Strategic Environmental Assessment (SEA) may be seen as possible solution to it. SEA is a tool, which aims to integrate environmental considerations into laws, policies, plans and programmes (Clayton and Sadler, 1998). SEA addresses cumulative effects and alternatives that are not addressed at project level as well as refines the scope of assessment at lower tiers (Sadler and Verheem, 1996). Nooteboom (2004) advocated SEA as it enhances the transparency of the whole planning and assessment process. Despite several inherent advantages, SEA can never replace projects level EIA but it strongly reduces the effort and resources (i.e., time and cost) involved in project EIAs (Thérivel and Partidário, 1996).
3.4. Threats
Several advantages and opportunities have been realized in EIA system, yet certain threats exist, which are mentioned below.
3.4.1. Poor governance and corruption
Good governance implies decision-making in accordance with law and undertaken in a transparent, accountable and participatory manner (UNDP, 1997; Kakonge, 1998). This implies that political commitment at all the levels is crucial for any reform and it holds true for environmental reforms or EIA system. Excessive bureaucratic requirements, inefficient and complex administrative procedures may pose hurdles to these reforms. Public disclosure of information and accountability are lacking. All above mentioned factors and governance failure has potential to encourage corruption, which may results in misuse of scarce public resources (UNDP, 1997). Corrupt payoffs, i.e., bribes, may be made to override the legal norms. As on today, corruption has become a critical consideration in India. The ministry must show commitment to safeguard the EIA process so that the same should not creep into the system dealing with environmental regulations.
3.4.2. Effect of economic reforms
China faced serious environmental consequences of the pro-economic growth policies adopted by local governments where their performance was judged by financial benefits (Mao and Hills, 2002). Similarly, in Indian context, state government of Gujarat was in question (IPTEHR, 1999). In a survey CPCB identified 1349 units generating hazardous waste in the five districts of Gujarat, i.e., Valsad, Surat, Bharuch, Vadodara and Ahmedabad (CPCB, 1996). Industrial units manufacturing dyes and dye-intermediates account for 59.2% of the hazardous wastes generated and are concentrated in the industrial estates of Odhav, Naroda and Vatva in Ahmedabad district, Nandesari in Vadodara, Ankleshwar in Bharuch and Vapi in Valsad district. CPCB also identify Vapi and Ankleshwar as critically polluted areas because of spurt of growth in chemical units generating huge quantum of toxic effluent and hazardous waste (CPCB, 1994, 1996). Gujarat state had also given permissions to fertilizer plant in Baharuch, copper smelter and chlorine plant in Jhagadia, which were thrown out of Maharashtra state because of environmental considerations (CSE, 1996). Above-mentioned cases suggest that the concepts of heavy industrial growth for economic yields and environmental protection are conflicting in nature. The current era of economic reforms and decentralization of power, emphasize more on economic growth and profit generation, which may create stress on environmental regulations.
3.4.3. Lax regulations for small-scale industries (SSI)
Unplanned, uncontrolled and haphazard growth of small-scale industries has caused serious problems of pollution. The SSI sector accounts for 45% of the industrial production and generates 40% of the total wastewater among different classes of industries (CPCB, 2002b). The outflow of wastewater, emissions or solid wastes per unit of production is very high in SSIs because of usage of outdated and inefficient technologies and lack of resources for enforcement and implementation of pollution control programmes (CPCB, 2002b). Still these small-scale industries most of the times do not require EC from MoEF. Mere acknowledgement of the application form by the SPCB or State Pollution Control Committees serves the purpose of consent for these units and there is no need to obtain periodic renewal of consent until the time they modify or change their process. These proliferating SSIs are posing environmental risks, which necessitate to considering these units under EIA regime; to formulate a carrying capacity based approach for better environmental management of an area. A step has been taken in this direction as last amendment in EIA notification has been put forth to cover industrial estate where pollution potential is high under purview of EIA notification (MoEF, 2004).
Challenges in Urban Planning for local bodies in India
(http://www.gisdevelopment.net/application/urban/overview/urbano0037.htm)
he urban population of India has rapidly increased in recent years. In 1961 about 79 million persons lived in urban areas of the country, by 2001, their number had gone up to over 285 million, an increase of over 350 percent in the last four decades, which will increase to over 400 million by the year 2011 and 533 million by the year 2021. In 1991 there were 23 metropolitan cities, which have increased to 35 in 2001. As a result, most urban settlements are characterized by shortfalls in housing and water supply, inadequate sewerage, traffic congestion, pollution, poverty and social unrest making urban governance a difficult task.
Urban Local Bodies [ULBs] which are statutorily responsible for provision and maintenance of basic infrastructure and services in cities and towns are under fiscal stress. To even operate and maintain existing services, let alone augment them, would be difficult. There has been little or no increase in their revenue base; user charges continue to be low or non-existent. Faced with such a situation the ULBs barring a few exceptions are becoming increasingly dependent on the higher levels of government for their operation and maintenance requirements. What is worse, many ULBs have accumulated 'large' debts and face serious problems in servicing them. Besides the restriction to a small resource base poor planning process, lack of periodical revision of municipal tax rates / user charges, and poor information system and records management are some of the basic weaknesses in the present municipal administration.
The 74th Constitutional Amendment Act (CAA74) has been flaunted as an initiative to decentralize power and strengthen democracy at local level. The CAA74 accords constitutional status to urban local bodies (ULBs) and prescribes a near uniform local governance structure valid across the country. It provides a framework for electing local-level governments and for their 'effective' functioning to ensure provision of urban services and infrastructure. It also provides urban local bodies with political, functional and fiscal empowerment for good governance.
Issues in Urban Planning
Urban planning is basically resource generation, resource development and resource management exercise. The efficiency of urban settlements largely depends upon how well they are planned, how economically they are developed and how efficiently they are managed. Planning inputs largely govern the efficiency level of human settlements. There is a widely held view that the Master planning methods adopted over the last few decades have not produced a satisfactory physical environment. The urban development planning process in the past has been unduly long and has been largely confined to the detailing of land use aspects. The plans have paid inadequate attention to the provision of trunk infrastructure, environmental conservation and financing issues. They have been unrealistic and have not been accompanied by investment programmes and capital budgets. Integrated urban development planning approach, taking into account regional, state and national strategies, and spatial, functional and other linkages between human settlements, has not been given much recognition. Also the planning and plan implementation processes have not paid adequate attention to the integration of land use and transport planning. The fact that transport is a key determinant of land use and "leads" development is sometimes ignored.
The Five Year plans laid stress on the need to undertaken town planning and evolve a National Town Planning Act so as to provide for zoning and land use, control of ribbon development, location of industries, and clearance of slums, civic and diagnostic surveys and preparation of Master plans. Although a significant step in urban development was undertaken in the Plan in the form of Central assistance to the states for the preparation of master plans for selected areas, comprehensive action was not taken by the states for the adoption and implementation of the plans. The urban development planning should, essentially, be supportive of the economic development in the country. At present, hardly 20 percent of the urban centers have some sort of a Master Plan, which is many cases is just a policy document. It is estimated that there are about 1200 master plans prepared by various Agencies responsible for plan preparation but their implementation is not encouraging. The implementation of master plan facilitates the orderly and planned development of cities in a sustainable manner, which would ultimately help in good governance.
Challenges for local bodies :
The existing municipal laws are totally inadequate to enable to ULBs to discharge the new responsibilities delegated to them under the Constitutional (74th Amendment) Act. Although the state governments have amended their municipal Acts, as a follow - up of the 74th Amendment, the amended acts do not specifically assign functions to the local bodies especially urban including town planning. The following measures may be undertaken to enable the ULBs to serve as agencies for plan preparation, enforcement and implementation:
Clear division of functional responsibilities and linkage among different levels of government to ensure upward and downward accountability and to enable the SFCs in their constitutional task of devolution of funds to ULBs.
Division of municipal functions into essential functions, agency functions, and joint functions with state and central governments.
Avoiding the traditional distinction between 'obligatory' and 'discretionary' functions since such classification results in uncertainties and non-transparent system of municipal accountability.
Essential functions of municipalities to include urban planning, including town planning regulation of land use and construction of buildings and planning for economics and social development and amendments to the Municipal Acts.
As an effective alternative, the authority to prepare urban development plans may be placed with municipalities under the town and country planning laws. The planning functions could be undertaken by the municipalities under the state Town and Country planning Act in states where such power has not been provided in the Municipal Acts. A standing planning Committee may be constituted to assist the ULBs in this task and the members of the committee could include representatives of elected members, administrators and professional experts. The chairman of the local authority could head the standing planning committee and the municipal Town Planner could be the member secretary.
It is necessary to build effective legislative support for the preparation of 3-tier Development plans discussed earlier. The Town & Country planning Acts would have to be modified to incorporate formulation of these plans along-with their definition, scope and contents, provision could be made in the Act to empower the state Town and Country Planning Department to prepare and get approved the perspective plan and / or Development plan, following the prescribed procedure at the cost of the concerned in case of failure by the ULBs to initiate actions to prepare the Plans within the stipulated time period.
The efficiency in approval of plans could be increased by providing a clause in the Act allowing for automatic approval in situations where the approval or rejection with reasons, is not communicated within the stipulated time by the appropriate authority. The local authority should carry out the modifications suggested by the Town Planning Department and re-submit the modified plan. But at the same time, undisputed sections / part of the draft Development plan could be processed, got approved and implemented.. Provision could be made for approval of Annual Plans by the local authority and that of the projects and schemes formulated in accordance with the approved development plan and Development Promotion Rules, by the Municipal Town Planners with appropriate accountability. The notice of preparation of development plan may be linked with section 4 of the land acquisition Act. 1984 in the municipal / Town planning Acts so that any land required for compulsory acquisition is notified as per the Act. Consequently compensation for land would be as on the date of the publication of the draft Development Plan and this would minimize the speculative elements. Similarly, the publication of the notice of the final development plan may be linked with section 6 declaration under the Act. Appropriate legal support to the land assembly efforts of the private sector should be provided to facilitate private sector participation in the implementation process.
Development plans, in the past, were prepared in the context of centralized planning. This context is changing in the era of liberalization where cities have to identify their competitive advantage for growth and development. Decentralization of development planning to the local level, under the constitutional (74th Amendment) Act, bring with it the responsibility of resource and financial management.
