Planning and effects of changing regulatory perspective on development

Page created by Max Chandler
 
CONTINUE READING
Planning and effects of changing regulatory perspective on development
Planning and effects of
changing regulatory
perspective on development
Greater Noida city growth story,
success, downfall and future ahead

25 September 2014

                    ►   Presented By: Leenu Sahgal
                    ►   General Manager(Plng. & Arch.)
                    ►   Greater Noida Industrial Development Authority
Planning and effects of changing regulatory perspective on development
Birth of Greater Noida city

►   During early 1980s, rapid growth of Delhi led to need of setting up
    residential and industrial areas around the capital city
►   Two identified areas – Gurgaon and Noida – were developed
►   As planned expansion, Noida’s infrastructure were established,
    however, 1990s huge influx of growth in Indian economy leading to
    huge population movements and urbanization
    ►    Noida was seen to be overloaded in 15 years as against the original plan
         of 25 years
►   Government of Uttar Pradesh realized the need of a new city, Greater
    Noida, since the area notified under this Authority started developing
    as a haphazard and unplanned area.
►   Thereafter the area was notified as an Industrial Development area in
    near vicinity to Noida, after incorporating the lessons learned from the
    neighbouring development
►   Greater Noida city was conceptualized in January 1991 under the
    Uttar Pradesh Industrial Area Development Act, 1976
Page 2                Planning and development
Planning and effects of changing regulatory perspective on development
Greater Noida – in regional context

Page 3     Planning and development
Planning and effects of changing regulatory perspective on development
Greater Noida and its surrounding

                                                                       H.P.D.A.
                                                           (Hapur Pilkhuwa Development Authority)

                    G.D.A.
         (Ghaziabad Development Authority)
                                                  GREATER NOIDA
                                                    EXPANSION
    NOIDA
                                 GREATER
                                 NOIDA
                                                                            B.K.D.A.
                                                                            (Bulandshahr Khurja Development
                                                                            Authority)

                                                     Y.E.I.D.A.
                                             (Yamuna Expressway Industrial
                                                Development Authority)

Page 4                          Planning and development
Planning and effects of changing regulatory perspective on development
Greater Noida city development

►   Greater Noida is a planned township and one of the largest industrial
    townships in Asia
►   Greater Noida Industrial Development Authority provides for planning,
    developing, regulating and operations of industrial development in the
    city
►   Provides basic enabling framework for developing an efficient and
    integrated modern city with high service and delivery standards
►   The action plan and execution is at par with global standards and is
    aimed at accelerating the growth of industrial, IT and institutional
    sectors in the country
►   The development is led by GNIDA in an integrated manner through
    Master Plan

Page 5              Planning and development
Planning and effects of changing regulatory perspective on development
Development model of Greater Noida

         Provision of quality infrastructure

           Attract industries

           Employment generation

         Growth and development of industries

Page 6         Planning and development
Planning and effects of changing regulatory perspective on development
Master planning

 “A Master Plan is the long term perspective plan for guiding the sustainable planned
     development of the city on a defined piece of land. The document lays down the
 planning guidelines, policies, development code and space requirements for various
   socio-economic activities supporting the city population during the plan period. It is
                                      also the basis for all infrastructure requirements”
►   Through Greater Noida Master Plan 2021, focus is on controlled
    planning, development, regulating unplanned development and on
    efficient maintenance of the city infrastructure.

►   Plan has been prepared with vision that Greater Noida City acts as
    Regional Institutional and Industrial Centre and takes urbanisation
    pressure off Delhi.

►   Master Plan is a legal document through which enforcement of
    development takes placeof the defined piece of land. It is formulated
    under an act enacted by the State Government(s)
Page 7               Planning and development
Planning and effects of changing regulatory perspective on development
Objectives of Any Plan Preparation are/
should be
►   Futuristic, Holistic Plan for all issues on urbanisation
►   Modern, composite efficient city of International standards
    ► Infrastructure

    ► Urban Design

    ► Quality of Life

    ► Land of Plenty

►   City with an ambience
►   Marked by green landscapes.
►   Characterised by greenery, flowers
    and fountains.
►   Pro-actively attract investors
►   Involve rural population in process
    of urbanisation

Page 8              Planning and development
Planning and effects of changing regulatory perspective on development
GNIDA projected vision : of planned
development :

The Plan is implemented on land and:

    ►     Land is in limited quantity
    ►    The Master Plan of Greater Noida was created on a clean Slate
         from scratch and it was the first place in the country where
         infrastructure preceded demand.
    ►    As per plan prepared the implementation had started in the
         beginning
    ►    As the city started growing and implementation went in the hands
         of Engineers who are not thinkers, they started using conventional
         techniques and so was the case with land department

Page 9               Planning and development
Planning and effects of changing regulatory perspective on development
GNIDA has not been able to realize benefits
of planned development in true sense… as
per the projected vision :
But even careful Planning is now disconnected/disjointed
development due to
►    Segregated land parcel acquisition
   ► Encroachments

   ► Opposition from villagers/locals

   ► Pending litigation/Stays on construction/development

   ► District Administration granting patta’s and NOC

   ► Vested interests of individuals.

   ► Bulk Court cases, since law has also become a profession in the
      area
The settlement of issues are resulting in undesirable delays in the
development projects and unplanned growth

Page 10           Planning and development
Provisions of Land Acquisition Act, 2013

►    Both LA and R&R provisions will apply when
1.    Government acquires land for its own use, hold and
      control
2.    Govt. acquires land with the ultimate purpose to transfer
      it for use of private companies for slated public purpose
3.    Government acquires land for PPP projects.
LA under point 2, can take place provided that consent of 80% of the
affected families is placed
LA under point 3 can take place provided consent of 70% of affected
families is obtained.
R&R provisions apply when private companies purchase land for a
project, and same exceeds area thresholds set by state governments for
such purchase

Page 11           Planning and development
Urgency clause as per Land Acquisition Act
(2013)
The Urgency Clause can only be invoked in the following
cases
► National defense and security purposes

► Resettlement & Rehabilitation needs in the event of
   natural calamities such as floods or earthquakes
In case of double displacement of any individual they will
receive an additional compensation of up to 70% of the
compensation already provided under new law

Page 12         Planning and development
Currently Available options of land
acquisition
Land Pooling Scheme
Private developers can directly acquire land from farmers/land owners
willing to participate in the land pooling scheme (LPS).
► Land owners get back 40-60% of the developed land, instead of any
    compensation.
► Development Authority in turn develops necessary support
    infrastructure
► Developers will receive large portion of the same for further real
    estate development.

Page 13           Planning and development
An example - Land related protests and
issues

 On July 6, 2011, SC orders to hand over 153.6 ha land to its
 original owners in 2009 at Shahberi Village, Greater Noida,
 UP

          On July 19,2011, Allahabad High Court set aside land
          acquisition (589 ha) at Patwari Village.

                In addition,due to the aforesaid decision of the High Court
                former land owners in NOIDA district, where development
                has completed years back started to dispute legality of land
                acquisitions executed between 1976 to 1997, not only in
                Greater Noida but in the whole region

Page 14                   Planning and development
Case –Greater NOIDA

 Farmers of Greater                GNIDA contends that    GNIDA has allotted
 NOIDA West are                    currently there is no  land to 30 builders like
 protesting against                available adequate landAmrapali, Supertech,
 Development Authority             bank to allot 10% of   Nirala, Eros, Gaursons
 for not providing them                                   at Rs. 10,000 – 11,600
                                   developed land (equal to
 with Abadi Plots which            350 ha of developed    per Sq Meter. More
 is 10% of developed               land) and instead are  than 3000 ha were
 area and thus                     ready to pay more than allocated in Greater
 demanding quashing                64.2% compensation     Noida West. In
 of land acquisition               provided farmers are   addition 4,250
                                   ready to withdraw theirresidential plots were
                                   demand for developed   allotted through lucky
                                   land                   draw at 10,500 per sq
                                                          metre.
 Farmers’                    GNIDA’s                      Investors’
 perspective                 perpective                   Perspective
                                                          Perspective
     Recent case at Greater NOIDA West has created awareness with more farmers
          demanding relook at all acquisition cases since the satellite township began.

Page 15                  Planning and development
Who were affected ?

►   In many cases stated previously, the land had been sold to developers
    which in turn have already sold flats and infrastructure ready plots to
    investors, buyers etc.
►   Original land owners who feel deceived
►   Urban Authorities – as they are not able to undertake planned
    development. Sometimes they undertake double whammy by way of
    relinquishing land parcels as well as investments done in providing utilities
    such as roads, water pipeline, sewage system, power distribution etc.
►   Developers who have bought land from Urban authorities at high prices and
    have made considerable investment in construction of plots, flats etc. are not
    allowed to sell putting a question mark on returns and in some cases unable
    to recover even initial investments.
►   Financiers of project who have financed projects i.e Lending institutions such
    as private and public banks, NBFCs etc. are affected

Page 16              Planning and development
Challenges to planned development

►   Growing sense of distrust about the idea that land acquisition is being
    forced in the interests of a few private companies and in the interests of
    corrupt central and state governments in lieu of sacrifices made by many
    residents and farmers.
►   Farmers and residents who surrendered their land have very little chance of
    being employed in public sector, due to low levels of education,since role of
    public sector in economic development has considerably reduced. Thus,
    people are increasingly disinclined to lose their livelihoods to land acquisition.
►   Although land acquisition issues were basically considered as a matter
    of property rights, they are also being understood as an issue of “right
    to life” as broadly interpreted and recognized by Supreme Court on grounds
    that residents would lose their livelihoods and social ties in case of large scale
    land acquisitions. There has been change in society’s awareness of rights.

Page 17               Planning and development
Participative Urban Planning
(mix of top down and bottom up approach)
►   Participation by and consultation with widest range of stakeholders, building
    on existing grass roots structures such as Ward committees, Neighbourhood
    group (NHG), Neighbourhood committee (NHC) and community development
    societies (CDS)
►   Explicit attempts to assess socio-economic needs, especially the poorest
    groups living in formal and informal settlements.
►   Transparent system for prioritization of issues
►   Matching plan to projected resources, financial projections must be realistic
    and affordable, from predictable funding streams
.

Page 18              Planning and development
Participative Urban Planning
How much is a BIG question ?
►   Bottom up approach can address need of people in true sense whereas top
    down approach for proactive planning strategy is desirable also in plan
    formulation stage.
►   Through participative planning local people own the development plan
    thus leading to more probability of its successful implementation and its
    impacts will be sustainable.
►   Drawback is people are unable to manage their own plans properly in long
    run due to lack of expertise and thus entire decision making goes in vain.
►   Therefore to balance both, a multi-speciality group must be engaged to
    integrate peoples’ need, other stakeholders’ inputs and futuristic and proactive
    development planning need.
►    The planning shall become successful only when land issue is handled
    carefully and implementors of no vested interests.

Page 19               Planning and development
Thank You

Page 20     Presentation title
You can also read