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Priyanka Puri, Department of Geography, Delhi School of Economics, Delhi University, Delhi-110007
189
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.
Priyanka Puri, Department of Geography, Delhi School of Economics, Delhi University, Delhi-110007
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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*
Planning Elements Second Master Plan Third Master Plan
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
Priyanka Puri, Department of Geography, Delhi School of Economics, Delhi University, Delhi-110007
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Planning Elements Second Master Plan Third Master Plan
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
Agenda Focus Area-II)
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*
Planning Elements Second Master Plan Third Master Plan
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)
Not mentioned Not mentioned
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)
Not mentioned Not mentioned
Minimising waste
generation (Agenda21)
No policy Very limited
Identifying priority areas Priority areas not identified Priority areas not
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Planning Elements Second Master Plan Third Master Plan
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)
Not mentioned Not mentioned
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)
Not mentioned Not mentioned
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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Planning Elements Second Master Plan Third Master Plan
development (Agenda21)
Assessment of impact of
decisions (Agenda21)
Ignored Ignored
Appropriate legal policies
for environment and
development (Agenda21)
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’
No mention No mention
Best strategies (LA 21) No mention No mention
Local capacities to deal
with climate change
(Habitat Agenda)
No mention No mention
Focus on internationally
observed goals (Habitat
Agenda Focus Area-I)
No mention No mention
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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Planning Elements Second Master Plan Third Master Plan
and Reducing
vulnerability (Habitat
Agenda Focus Area-II)
Positive urbanization To be identified To be identified Improved legislation
(Habitat Agenda Focus
Area-II)
Not observed Not observed
Strengthened institutions
(Habitat Agenda Focus
Area-II)
No mention No direct mention
Land and housing reforms
supported through
Through housing Through housing
Gender Action Plan
(Habitat Agenda Focus
Area-III)
No mention No mention
Relationships with
external organizations
(Habitat Agenda Focus
Area-III)
No mention No mention
Millennium
Development Goals
(Habitat Agenda Focus
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
*The First Plan is excluded since it was before the time period of the above
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
*The First Plan is excluded since it was before the time period of the above
Agendas.
Table. 4.5. Provisions Mentioned in the 74th Constitutional Amendment and
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
*The First Plan is excluded since it was before the time period of the above
Agendas.
Table. 4.6. Provisions Mentioned in the 74th Constitutional Amendment and
not Observed in the Master Plans*
Provisions Second
Master Plan
Third Master Plan
Putting on firmer footing the
relationship between Centre and State
No mention No mention
Provisions with regards to municipal
bodies
No mention No mention
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
No mention No mention
Power of municipalities to function as
institutions of self government
No mention No mention
Powers and responsibilities of MCD
for plan preparation for economic
No mention No mention
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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)
No mention No mention
Municipalities in the district and to
prepare a draft development plan for
the district as a whole (Article 243ZD)
No mention No mention
Matters of common interest to
Panchayats and Municipalities
including spatial planning, sharing of
water and other physical and natural
resources
(Article 243ZD)
No mention No mention
Committee for metropolitan planning
(Article 243ZE)
No mention No mention
Draft development plan for the
metropolitan area (Article 243 ZE)
No mention No mention
Urban poverty alleviation No steps No steps
Cattle pounds; prevention of cruelty to
animals.
No mention No mention
Committee for metropolitan planning
(Article 243ZE)
No mention No mention
Draft development plan for the
metropolitan area (Article 243 ZE)
No mention No mention
*The First Plan is excluded since it was before the time period of the above
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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209
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:
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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
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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.
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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.
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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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Plan Contents MPD 2021 CDP
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
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Plan Contents MPD 2021 CDP
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
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Table 4.9. Comparative Analysis of MPD 2021 and CDP with an International Plan-
London Plan
Plan Contents MPD 2021 CDP
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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Plan Contents MPD 2021 CDP
(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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Plan Contents MPD 2021 CDP
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)
No mention No mention
Regeneration (London Plan) Old City Old City
Opportunity areas (London
Plan)
No mention
No mention
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Plan Contents MPD 2021 CDP
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)
No mention No mention
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)
No mention No mention
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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Plan Contents MPD 2021 CDP
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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Planning Elements MPD 2021 CDP
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
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Planning Elements MPD 2021 CDP
to national conditions
Minimise environmental
damage ((Agenda21)
Mentioned Mentioned
Methods of accessing
‘effective demands’
(Agenda21)
No mention No mention
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
development (Agenda21)
No direct mention No direct mention
Assessment of impact of
decisions (Agenda21)
No mention No mention
Remove or reduce subsidies
that do not conform with
sustainable development
objectives (Agenda21)
No mention No mention
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Planning Elements MPD 2021 CDP
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.
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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.
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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
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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.
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Main Provisions Observations
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.
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Main Provisions Observations
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
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Main Provisions Observations
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
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Main Provisions Observations
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.
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Main Provisions Observations
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
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Main Provisions Observations
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.
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Main Provisions Observations
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.
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Main Provisions Observations
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.
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Main Provisions Observations
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.
Priyanka Puri, Department of Geography, Delhi School of Economics, Delhi University, Delhi-110007
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Main Provisions Observations
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.
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Main Provisions Observations
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.
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Main Provisions Observations
(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.
Priyanka Puri, Department of Geography, Delhi School of Economics, Delhi University, Delhi-110007
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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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