ethics in regulatory control - researchgatebd.com file2 environmental impacts for gr a regulatory...

Environmental Impacts for Gr A 1

Ethics in Regulatory Control

Dr. Mohsin Uddin Ahmed

Professor

Urban and Rural Planning Discipline

Khulna University


Regulatory reform and changes of Detailed Area Plan

A large number of regulatory involvements are found in the Town Improvement Act, 1953.

Those attachments prove importance of RAJUK activities. Implementation of the planning

activities and development control are the key issues of RAJUK activities. The regulations

prescribed in the Town Improvement Act, 1953 are as follows:

1. Building Construction Act, 1952 [Section 77(6) of the T.I Act, 1953].

2. Acquisition and Requisition of Immovable Property Ordinance, 1982 [Section 79(2) of the

T.I Act, 1953].

3. Dacca Municipal Corporation Act, 1974.

4. Local Government (Pourashava) Act, 2009.

5. Contract Act, 1872 [Section 109 of the T.I Act, 1953].

6. Trust Act, 1882 [Section 130(b) of the T.I Act, 1953].

7. Penal Code, 1860 [Section 159 of the T.I Act, 1953].

8. Telegraph Act, 1885 [Section 164 of the T.I Act, 1953].

9. Railways Act, 1890 [Section 164 of the T.I Act, 1953].

10. Code of Criminal Procedure, 1898 [Section 165 of the T.I Act, 1953].

11. Public Demands Recovery Act, 1713 [Section 193 of the T.I Act, 1953].

12. Dhaka City Building Construction Rules, 2006.


All of the above regulations are involved in the different sections of the Town

Improvement Act, 1953. Most of those regulations are found to be obsolete, not

appropriate for efficient implementation of the Detailed Area plan.

Except the above regulatory involvement, a large number of regulations will be

needed during the implementation of the Detailed Area Plan. But, RAJUK is

however, not bound to execute those regulations. As a result, the beneficiaries of

the Detailed Area plan seek approval from different authorities according to those

regulations. Those regulations are as follows:


1. Agricultural and Sanitary Improvement Act, 1920.

2. Ancient Monuments Preservation Act, 1904.

3. Bangladesh Cottage Industries Corporation Act, 1973.

4. Canal and Drainage Act, 1873.

5. Canals Act, 1864.

6. Civil Aviation Authority Ordinance, 1965.

7. Displaced Person (Compensation and Rehabilitation) Act, 1958.

8. Irrigation Act, 1876.

9. Bengal Alluvial Land Settlement Act, 1858.

10. Bengal Alluvion and Diluvion Act, 1847.

11. Public Parks Act, 1904.

12. Survey Act, 1875.

13. Tolls Act, 1888.

14. Water Hyacinth Act, 1936.

15. Bangladesh Hotels and Restaurants Ordinance, 1982.

16. Local Government Ordinance, 1976.

17. Environment Pollution Control Ordinance, 1977.


18. Ground Water Management Ordinance, 1985.

19. Inland Shipping Ordinance, 1976.

20. Land Development Tax Ordinance, 1976.

21. Land Development Tax (2nd Amendment) Ordinance, 1986.

22. Pourashava Ordinance, 2009.

23. Town Improvement Act, 1953.

24. Dhaka City Corporation Ordinance, 1983.

25. Conservation of Environment Act, 1995.

26. Local Government Ordinance, 1976.

27. Private Housing Act, 2004.

28. Playfield, open space, garden and natural tank in urban areas preservation Act, 2000.

Above regulations should be referred to the Town Improvement Act, 1953 according to the

implementation of the Detailed Area Plan or a separate Act may be formulated

accompanying with those regulations.


Necessary Reformation of the contemporary regulations

It is obvious that specific regulation on the Detailed Area Plan is absent. Contemporary

regulations are in the Master Plan. According to the planning context, both of those two

plans are different with different meaning. In another sense, according to the Town

Improvement Act, 1953, RAJUK can do anything whatever he likes. He can prepare any

type of plan and change that whenever he thinks fit. Different sections of the Town

Improvement Act, 1953 prove this point of view.

Section 74(2) of the Town Improvement Act, 1953 (E.B.Act XIII of 1953) says, “the

Kartipakkha may, from time to time, with the approval of the government and the

government may at any time, amend or alter any specific provision of the Master Plan.

Any such amendment or alteration shall be published in the Official Gazette.” Such type of

feudalistic regulations should be removed from the Act.


Changes of any landuse (prescribed in the Detailed Area plan) by the private landowner is

possible if the landowner follow the regulations prescribed in the section 75(1) of the Town

Improvement Act, 1953 (E.B.Act XIII of 1953). It is said in the section that, “if any person

desires to use any land for any purpose other than that laid down in the Master Plan

approved under sub-section (5) of section 73, he may apply in writing to the Chairman for

permission so to do.” In this case, Chairman of the RAJUK preserves sole right to make

opinion against the Detailed Area plan. Such type of regulation should be removed.

The Dhaka City Corporation and Pourashavas are obliged to submit their building plans to

the RAJUK for approval. Section 77(1) of the Town Improvement Act, 1953 (E.B.Act XIII of

1953) is said, “all plans for the erection of building approved under the provisions of the

[Pourashava Ordinance, 1977 (XXVI of 1977)] and the Dacca Municipal Corporation Act,

1974 (LVI of 1974) shall be submitted to the Chairman for sanction.” Again, it is said in

the section 77(5) of the Town Improvement Act, 1953 (E.B.Act XIII of 1953) that, “the

Corporation or Pourashava shall refuse to grant permission for erection of any structures

which have not been sanctioned by the Chairman or the Kartipakkha under this

section.”


According to the regulations, Chairman of the RAJUK or any employee authorized by the

Chairman of RAJUK may refuse or sanction the building plan within the jurisdiction of the

City Corporation or Pourashava. Because, RAJUK performs sole responsibility to execute

the Building Construction Act and to perform such responsibility an Authorized Section is

established in the RAJUK (no such section is in the Pourashava). Section 77(6) of the

Town Improvement Act, 1953 (E.B.Act XIII of 1953) is more clear about the execution of

the Building Construction Act, 1953. It is said in the section that, “the Chairman or any

other member or any officer of the Kartipakkha, from such date as the Government may,

by notification, declare, shall be deemed to be only “authorized officers” within the

meaning of clause (a) of section 2 of the Building Construction Act, 1952 (E.B.Act II

of 1953), which Act shall be deemed to be modified to that extent, so far as it relates to

the area within the jurisdiction of the Kartipakkha.” (Section 2 (a) of the Building

Construction Act, 1952 (E.B.Act II of 1953), “Authorized Officer” means an officer

appointed by the Government, by notification in the Official Gazette, to exercise in any

area the functions of an Authorized Officer under this Act.)


RAJUK can change the character of any land whether the land is flood flow, sub-flood flow

or high value agriculture. But, those changes may be possible under a scheme approved

by the Government. The permission has given by the section 40(g) of the Town

Improvement Act, 1953 (E.B.Act XIII of 1953). It is said in the section that “the RAJUK may

involve with the raising, lowering or leveling of any land in the area comprised in the

scheme.” Such type of regulation will always encourage the RAJUK to change the Detailed

Area plan. This should be reviewed.


Changes of the Detailed Area plan

The Detailed Area Plan is a broad guideline for development work. The proposals of the

plan are involved on the basis of existing conditions and the trend of future growth.

Therefore, for any significant change in the proposal, revision of some of the proposals

may be required. Hence, the plan should be reviewed periodically and should be

accommodate unforeseen changes in the plan. The RAJUK may undertake a Five Yearly

Program to review the plan.

The Detailed Area Plan of RAJUK should be a guideline on the development and control of

development trend in a systematic manner through the imposition of development control.

This plan is a basis on those development efforts, which will be further practiced by the

contractor.

The plan is a rural based urban plan. Part of the study area will be controlled with rural

character. It will be highly effective to control environment pollution. At the same time, it will

be resulted to preserve the agriculture land.


All private housing should be controlled according to the objective of the plan. Private

housing estate should be followed the garden city concept. Only Building Construction

Rules, 2006, Control of Private Housing Act, 2004 should not be the prime controlling

regulations of building construction in the study area. Some of the rules are needed as the

guidelines for the development of private housing estate, because, the planning area have

been considered as rural-based urban area.

It is observed in the implementation of Master Plan 1959 that the development control

authority defined every component of the master plan according to their wishful practice.

The regulation also encourages their practice. Section 74(2) of the Town Improvement Act,

1953 (E.B.Act XIII of 1953) says, “the Kartipakkha may, from time to time, with the approval

of the government and the government may at any time, amend or alter any specific

provision of the Master Plan. Any such amendment or alteration shall be published in the

Official Gazette.” As a result, negative impact of the planning will be viewed and the city will

lost her living environment. Such type of decision is not acceptable. Most of those

violations are the causes of twin practices, one is the order of the political decision makers

and other is the malpractice by the officers and employees.


Change of Detailed Area Plan should follow a procedure like –

1. Show the importance of change and identify the causes and prepare a Report.

2. Send the Report to the related Ministry for approval.

3. The Steering Committee who approves the plan before Gazette Notification, that type of

a Committee should analyze the Report before approval. This is not fair and justified that a

Technical Management Committee and a Steering Committee prepare the plan but a

political decision maker or an officer / employee (whoever the officer / employee is or

political decision maker) change the plan as his wishful practice.

4. Any violation and change of the plan should be punishable according to the Penal Code

of 1860, Official Secrets Act, 1923, Patents and Designs Act, 1911 and Prevention of

Corruption Act, 1911, not by the Bangladesh Service Rule.

5. Court case may be filed without any restriction by any person as a citizen of Bangladesh

against the person who changes the Detailed Area Plan.


Institutional Capacity building

Substantial agency support would be necessary for the implementation of the Detailed

Area Plan. This support needs to forth-come from different sectors of urban management

and development at the initial stage. The important public agencies will be involved directly

in implementation phase’s are-

- RAJUK, Upazila Parishad, Pourashava, LGED, RHD.

- Bangladesh Water Development Board (BWDB).

- Department of Public Health Engineering (DPHE).

- Power Development Board (PDB) and Rural Electrification Board (REB).

- Bangladesh Telephone and Telegraph Board (BTTB).

- Titas Gas Transmission and Distribution Authority.

- Directorate of Health.

- Directorate of Environment.

- Bangladesh Agriculture Development Corporation.

- Dhaka City Corporation.


A close co-ordination among the above public authorities will be needed for implementation

of the Detailed Area Plan. For this, planning section of RAJUK should be strengthened with

the involvement of experienced employees from different background. Furthermore, to

strengthen the planning section of RAJUK, following steps should be followed:

1. More three branch office of RAJUK should be established headed by a Deputy Town

Planner for maintaining development control. Those branch offices should be accompanied

with planning section, authorized section and land clearance section.

2. Except development control, a small scale project based on the Detailed Area Plan may

be prepared by those branch offices and they will implement those projects. That might

provide sufficient inputs / guidelines for taking up the projection a bigger scale. In all cases,

planned development of Dhaka City should be ensured by the project.


3. Different committee for planning activities and development control should be formed.

Stakeholders including political decision makers at local level should be the member of the

committee.

4. Since RAJUK is a service giving agency, its activities should be transparent to the

service recipients. The people should know procedures of it day to day activities, functions

and operations in general. Status of files should be notified for knowledge of the

applicants. It should go for automation immediately to augment transparency through E-

governance. Targets of transparency can be better achieved through changes in legal

provisions. RAJUK should be made accountable to its service recipients for its activities

and this accountability provision should be incorporated in the new Act.


ROLE OF LOCAL PLANNING AUTHORITY

Chittagong Development Authority (CDA) was setup in the year 1959 for the purpose of

regulating the growth of Chittagong City through – a) Development control to ensure

planned development of Chittagong City and b) Execution of Urban Development schemes

such as construction of roads, buildings, development of land for residential, commercial

and industrial also, setting up of parks, open spaces, socio-cultural activities, etc.

A Detailed Area Plan for Chittagong City is prepared and notified through the Gazette

Notification in December 21, 2008. A local Consulting Firm of Bangladesh was responsible

for such preparation.


The Chittagong Development Authority is performing the following functions, namely:

1. Preparation, publication and execution of the Master Plan.

2. Enforcement of building construction through sanction of building plan and demolishing

unauthorized construction.

3. Providing Improvement Scheme and Re-housing Scheme.

4. Laying, re-laying and alteration of streets.

5. Providing open spaces and city beautification with suitable environmental amenities.

6. Acquire land for different city functions.

7. Assesses betterment fees for any improvement scheme.

8. Maintain a linkage with local authorities in context with different development activities.


Administrative role of the Chittagong Development Authority generally follows the

underlying ways:

1. The authority shall consist of a Chairman and such member or members not exceeding

seven, including a representative of the Directorate of Health Services, as may be

appointed by the Government.

2. The term of office of the Chairman shall be not more than five years and that a Member

three years, at a time.

The Government may by notification in the Official Gazette remove the Chairman or a

Member at any time during the term of his office.

3. Any person ceasing to be the Chairman or Member by reason of the expiry of the term

of his office may be re-appointed for another term or for shorter period as the Government

may be decided.

4. The Chairman may be either a whole-time or part-time officer.


Except above responsibilities, the authority performs some specific activities as a day-to-

day work based on the regulatory frame prescribed by the government and those are:

Communication with other authorities: To prepare a development plan for the city and

implementation of that plan, the authority maintains a communication with the public

authorities responsible for specific function. Most of those functions are related with the

infrastructural activities including transportation and communication.

Budgetary allocation to run the authority and to prepare the project: The authority

performs day-to-day work and for such performances special allocation and allocation for

Project basis follows by the government. The government approves allocation according to

the specific demand of the authority. Those allocation may be considered from revenue

budget or revenue + own source or development budget.


Regulation as a supporting element: Includes establishment of the authority, functions of

the authority and relation of the authority with the government. For the preparation of any

project, government approval of the project and inform the government time-to-time about

the progress of the project, the authority should follow the responsibility as prescribed in

the Ordinance.

Project: For the preparation of the project, government approval is needed and for the

completion of the project responsibilities according to the project performs. Objective of the

project always follows the betterment of the city population. This is the only procedure to

prepare a Detailed Area Plan.


Preparation Procedure of the Detailed Area Plan

Preparation procedure of a Detailed Area Plan is huge tasks. Those tasks summarize here

in eight segments and discusses in the following paragraphs.

Government approval: This is the first step of the authority to prepare a project like

Detailed Area plan. After initial approval of the government, the authority prepares the

project following project preparation system.

Bid document: This document is prepared by the authority for the preparation of specific

task and notified it in the daily newspaper for the local consulting firm as a bidder. A

selection procedure is followed by the authority among the bidder. The bid documents

circulate by the authority among the interested firms maintaining an official procedure.

Based on this document and fulfillment of the selection procedure a consulting firm may be

selected for the preparation of Detailed Area Plan.


Involvement of the local consulting firm: One or more consulting firm may be selected

for the preparation of Detailed Area Plan through the selection procedure followed by the

authority. This selection criteria is followed the Technical Proposal and Financial Proposal

submitted by the consulting firm. After selection, consulting firm prepare an agreement

guided by the authority.

Preparation of TOR and agreement: After fulfillment all procedures, an agreement is

needed between the selected consulting firm and the authority. A TOR (Terms of

Reference) is being prepared by the authority for the preparation of Detailed Area Plan. All

activities, regarding the preparation, discusses in the TOR. The agreement also includes

the TOR and the consulting firm is liable to maintain the directions given by the TOR for the

preparation of Detailed Area Plan.


Submission of the work time to time: After preparation of agreement, the task is guided

according to the TOR. The Detailed Area Plan of Chittagong Development Authority was

followed four steps of submission i.e. Inception Report, Survey Report, Interim Report and

Detailed Area Plan. Time frame for such huge tasks was two years but actually it takes five

years.

Evaluation of the work: The step of submission requires evaluation. An evaluation

committee framed by the government is liable for such evaluation. Generally, one person

from different public authorities may involve as a member of the evaluation committee. At

least one meeting in a month arranges by the authority (CDA) to circulate the evaluation

report among the stakeholders and the consulting firm. Based on the evaluation report, the

consulting firm prepares necessary correction of the report submitted for evaluation.


Duration of the project period: The project period is determined according to the

approval of the government and presented it in the TOR. The project period may be

expanded time-to-time according to the demand of the authority and government approval

is needed in case of any extension of time period.

Approval by the government: After completion of the project, government approval is

necessary. Gazette Notification is followed such approval. This is the legal support of the

Detailed Area Plan.


Problems in case of preparation (DAP)

Several problems are inherent in the preparation procedure of the Detailed Area Plan.

Those problems are:

Time consuming process in project approval system: When Detailed Area Plan

submitted by the authority (CDA) to the Government as a project for Government approval,

a time consuming process is found. Approval of different Ministries is linked with such

approval.

Conflict system of project preparation: Conflict with the TOR, Evaluation, Committee

Formulation and Submission of the work time-to-time by the firm is related with the project

preparation system. Those conflicts arise due to the involvement of different group of

technocrats and policy makers. A communication gap is also found among the committees

prescribed for evaluation of the report. TOR is the main concern of the preparation and

evaluation of the report but the members of the evaluation committee are not aware about

the procedure prescribed in the TOR for preparation and evaluation of the Detailed Area

Plan.


Responsibilities of the concerned authorities: During the preparation of Detailed Area

Plan, time-to-time inspection by the employees of the authority is necessary. This is called

duel responsibility perform by the employees. For such responsibilities no extra incentive

incurred for the employees. As a result, the responsibility does not bring most fruitful result

for the preparation of Detailed Area Plan.

Coordination: there is lack of coordination between the Rajshahi Town Development

Authority and other public utility services organizations, such as Municipality; Public Health

Engineering, Zila Board, T&T Board, Local Transport Agencies, P.W.D, Roads & Highways

Department etc. hindrance in the preparation of Detailed Area Plan. The committee

suggests that local committee be formed with the commissioner of Chittagong Division in

the chair with member drawn from the above utility services organization for smooth

preparation of Detailed Area Plan.


Employees of the Chittagong Development Authority (CDA) are responsible for the

preparation and time-to-time inspection of the Detailed Area Plan for smooth completion.

Here they have to perform duel responsibility - first is involvement with the mother

organization and later is the preparation of the Detailed Area Plan.

Except above, different problems are found in the regulatory arrangements prescribed by

the government in the Chittagong Development Authority Ordinance, 1959 for the

preparation of Detailed Area plan. Those problems are:


Authorization to prepare Detailed Area Plan: The CDA is authorized to prepare Master

Plan (not Detailed Area Plan) according to the section 22(1) of the Chittagong

Development Authority Ordinance, 1959. It is said in the section that, “the Authority shall,

as soon as feasible, but not more than two years after the provisions of this Ordinance

come into force, prepare and submit to the Government for approval a Master Plan for the

Municipality and the areas in its vicinity indicating the manner in which it proposes that land

should be used (whether by carrying our thereon of development or otherwise) and the

stages by which any such development should be carried out.” This is the appropriate

regulation for the year 1959 during the establishment of the CDA. Preparation of Detailed

Area Plan is not appropriate with the guidance of this regulation.


Not the authority, Government also is not authorized to prepare a Detailed Area Plan and

approves it. It is said in the section 23(1) of the Chittagong Development Authority

Ordinance, 1959, “when the Government approves Publication the Master Plan submitted

under section 22 it shall announce of Master Plan the fact by notification and the

publication of such notification shall be conclusive evidence that the Master Plan has been

duly made and approved, and thereafter it shall be unlawful for any person to use any land

for any purposes other than that laid down in the Master Plan, unless he has been

permitted to do so under section 24.” Due to such regulatory gaps, Gazette Notification of

the Detailed Area Plan is also followed the name of Master Plan and Gazetted it (see the

Gazette Notification).


Communication with other authorities: Section 22(2) of the Chittagong Development

Authority Ordinance, 1959 includes necessary facts and documents and said “the Master

Plan shall include such maps and such descriptive matter as may be necessary to illustrate

the proposals aforesaid with such degree of particularity as may be appropriate between

different parts of the town, and any such plan may, in particular, define the sites of

proposed roads, public and other buildings and works, or fields, parks, pleasure-grounds

and other open spaces or allocate areas of land for use for agricultural, residential,

industrial or other purposes of any class specified in the Master Plan.” For the fulfillment of

the above activities a number of studies including information will be required and different

public authority should help to collect that information. It is generally true that those public

authorities are not bound to circulate their information to the CDA because every authority

is independent and not liable to maintain a communication with the CDA.


Relation with the government: All Development Authorities are Public authorities

affiliated by the government. A close relation with the government always maintain by the

authorities in case of project preparation and approval. Approval of the Detailed Area Plan

project, final approval and Gazette Notification and implementation of the Detailed Area

Plan is guided and approved by the government. In case of implementation, section 28(1)

of the Chittagong Development Authority Ordinance, 1959 said, “after publication of the

Master Plan under sub-section (3) of section 22, the Authority shall prepare, and submit to

the Government Five year Programs of development and improvement of the areas

covered by the Master Plan, on the basis of the said Plan, listing the schemes of

development and improvement, including works of water supply and sewerage in their

approximate order of execution and with approximate cost of each.” Above regulation

generates time consuming process. All components of the plan should be implemented

according to the individual project; it brings long time period and coordination with other

authorities who is responsible for water supply and sewerage facilities also. For such

coordination, again government intervention is necessary. The above regulation is not

fruitful for such type of implementation of the planning components.


Establishment of the authority: Objective to establish the Chittagong Development

Authority was “to make provision for the development, improvement and expansion of the

town of Chittagong and certain areas in its vicinity by opening up congested areas, laying

out or altering streets, providing open spaces for purposes of ventilation or recreation,

demolishing or constructing buildings, acquiring land for the said purposes and for the re-

housing of persons displaced by the execution of improvement schemes, and otherwise as

hereinafter appearing” (see the introduction of the Chittagong Development Authority

Ordinance, 1959). There is no word in the objective about the planning, Master Plan or

Detailed Area Plan in the objective. Again, functions and responsibilities of the employees

are not prescribed anywhere in the Ordinance. As a result, provision of feudalistic practice

prevails among the employees and those practices hamper the preparation of Detailed

Area Plan (DAP).


Administrative Problems to Prepare DAP

It is known to all that planning task is a giant study. A lot of provisions to define the tasks

and procedure are concealed in those studies. The so called Terms of Reference (TOR)

only defining the activities to be done and submission procedure of the activities perform

by the consulting firm. Administrative steps are the prime and fundamental issues for the

execution of the TOR. In the country, practice for the preparation of Detailed Area Plan

suffers with different administrative problems rather than technical. Those problems are:

Improper explanation of TOR by the employees: There are some sections in the TOR

needs further explanation for the preparation of the DAP. The employee of the authority

produces confusion about those explanations. For an example, section 5.2.3.1 dictated

about the Thematic Maps. The TOR only presents subjects and necessities of the

Thematic Map, not the size and scale of those maps. As a result, the concept on the size

and scale varies person to person. Generally, concept of map preparation deals three

steps – map should be readable, map should be self explanatory and as a reference of

information. According to the TOR, any person can present any map as Thematic Map in

the report of the Detailed Area Plan.


Inappropriate evaluation committee to evaluate the Reports and Maps: There are two

evaluation committee prescribed in the TOR, one is Steering Committee and another is

Technical Management Committee.

Person Organization Position

Secretary

Chairman

Chairman

Chairman

Chief

GM

Chairman

Director General

Director General

Joint Secretary

Joint Secretary

Joint Secretary

Joint Secretary

Joint Secretary

Joint Secretary

Joint Secretary

Joint Secretary (Dev.)

Joint Secretary

Chief Engineer

Chief Engineer

Ministry of Housing and Public Works

Inland Water Transport Authority

Chittagong Development Authority

Chittagong Port Authority

Physical Infrastructure Division, Planning Commission

Bangladesh Railway, Chittagong

Bangladesh Road Transport Authority

IMED

Bangladesh Water Development Board

Ministry of Finance

Ministry of Water Resource

Ministry of Communication

Ministry of Forest and Environment

Ministry of Land

Ministry of Local Government and Rural Development

Ministry of Civil Aviation

Ministry of Housing and Public Works

Ministry of Water Transportation

Chittagong Development Authority

Chittagong City Corporation

Chairman

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Steering Committee


The Steering Committee is called the policy makers. They are the final approval body of

the project. Most of those policy makers are performing role on administration in their

respective authority at the same time preparation of Detailed Area plan. No guideline or

method prescribed for them about the involvement with DAP. In all cases, they make their

opinion about the time frame for the completion of the project.

The Technical Management Committee evaluate the project, maintain co-ordination among

the authorities, advice to the consulting firm in preparation of DAP and initially approve the

project time if extension is necessary. Most of the Members in the Technical Management

Committee are Civil Engineer. Major and important task of this committee is evaluation of

the Detailed Area Plan but most of the Members are not aware about the project evaluation

appraisal. One or two member of this committee plays active role in the monthly meeting.

No fruitful result is being awarded by them for the best way to prepare the Detailed Area

Plan. Among 18 members of the Technical Management Committee, 2 members are

basically with planning profession and they are the subordinate employees of the CDA.

Such subordination generates one type of irresponsibility or in some specific cases they

prove them just idle.


Technical Management Committee

1. Chairman, CDA

2. Chief Engineer, CDA

3. One Representative of Planning & Implementation Cell of MOHPW

4. One Representative of Physical Planning and Infrastructure of Planning Commission

5. One Representative of IMED

6. Director, Directorate of Environment Chittagong

7. Chief Engineer, CCC

8. Chief Engineer, CWASA

9. Chief Engineer, Chittagong Port Authority

10. Superintending Engineer, RHD

11. Superintending Engineer, PWD

12. Superintending Engineer, HSD

13. Superintending Engineer, WDB

14. Superintending Engineer, CDA

15. Airport Manager, Civil Aviation Authority, Chittagong

16. Sr. Planning and Development Officer, CDA

17. Sr. Investment Planning Officer, CDA

18. Asst. Chief Town Planner, CDA

Chairman

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member


Duel responsibility performs by the employees: The employees of the development

authorities like CDA perform duel responsibilities, one is related with mother organization

and another is on project. The responsibility of mother organization some time called

internal administration and other is project responsibility. Such practice kills time and

generates irresponsibility of the employees because no extra incentives offer for them. The

employees who are in mother organization and hold responsibility as a planner are

involved with such duel responsibilities. They always emphasize to perform the

responsibilities offered by the mother organization and project responsibility considers as

secondary standard. As a result, duration of the project increases. Generally, Project

Director is the key person for such practices.


Separate organogram for the project employees: The employees who are related with

the preparation of DAP is under separate organogram, not conforming to the mother

organization. Organogram of main body is quite different than project organogram. In most

cases, after completion the project services of the employees under the specified project

turn in to the main body or dismissal the job. Therefore, it is known in the country that the

services under project just temporary, after completion the project they will not anywhere.

Such type of job produces irresponsibility of the employees. This is the part of internal

administration.

The organogram presented in the following is for the preparation of Detailed Area Plan.

The Top Management named Member (Planning) is the employee of main body i.e.

permanent port. Subordinates of the Member (Planning) are project employees’ i.e.

temporary posts. Employees involved with the plan preparation procedure, in most of the

cases, are not sufficiently qualified for the preparation of DAP.


Necessary changes

Present role of the CDA is limited to undertake few road and site development (particularly

residential areas) projects, and administrating the building control applications under the

Building Rules framed under the East Bengal Building Construction Act, 1953. It has no

local planning role and has no interaction with the Local government body – the City

Corporation.

Legislative Changes: The CMMP 1995, in the report, “Recommended Institutional and

Legislative Changes” made recommendations for changes to the CDA Ordinance such as

to undertake both land and building control functions.

Development Coordination: The CMMP had proposed setting up of an independent

coordination council to ensure coordination of project and development activities, with its

secretariat with CDA. One major aspect should be to establish technical co ordination with

the CCC regarding local area development, development promotion and control.


Institutional Changes: As reported, the institutional system has to be strengthened to

undertake a) strategic planning, b) local planning, c) development control and e)

investment planning.

To undertake Strategic and Local Planning and Development Control functions, the

planning department of CDA has to be appropriately staffed to perform urban planning,

development control and investment planning functions. Some 15 professional staff

supported by technical staff has been recommended in the CMMP and this Plan supports

this estimate. A Planning and Transportation Committee has been recommended to

provide guidance to the development control department to deal with planning applications.

A Multi Sectoral Investment Program (MSIP) needs to be introduced to undertake

investment-planning program. The two major functions of this program is to prepare,

monitor and review all investment proposals by all organizations (public and large private)

and prioritize projects at the local level, through a technical secretariat. In doing so, it will

aid the Planning Commission to makes investment decisions at the national level.


ROLE OF THE CITY CORPORATION

At present, the CCC has no planning role. In the near future urban local government has to

be empowered and strengthened to undertake local planning role while CDA prepares the

strategic functions and acts as a referral body for major decisions on development control.


PLANNING AUTHORITY IN PARTNERSHIP WITH

OTHER AGENCIES

Legislative provisions have to be in place for CDA and CCC to undertake area

development projects with active assistance form other agencies and the private sector.


PUBLIC PRIVATE PARTNERSHIP - SUBSIDIARY

DEVELOPMENT COMPANIES

To achieve orderly and efficient growth particularly in the fringe areas, at a faster pace,

private companies may work along with the government agencies such as the CDA, CCC

or NHA. Subsidiary development companies may be formed for the purpose. The provision

to form one or more Subsidiary Development Companies have been recommended in the

CMMP report on Legislative changes in the CDA Ordinance (CMMP 1995) which is as

follows:

New subsections has to be added in the section 3 of the CDA Ordinance, as-

a. The Authority may if it considers it expedient so to do for the better performance of its

duties under this Ordinance establish one or more subsidiary development companies for

the purpose of undertaking any of its functions in connection with the preparation and

implementation of specific schemes of development and improvement and may delegate to

any such company any of its powers and functions in this respect under section 29 and

subsequent sections of Chapter IV.


b. In the performance of any of the functions delegated to it by the Authority any such

subsidiary development company shall be governed in all respects by the relevant

provisions of this ordinance as if the functions were that of the Authority itself.

c. A subsidiary development company established under the foregoing subsection (3) may

1) be wholly owned by the Authority

2) be partly owned by the Authority and partly by the public through the issue of shares for

sale; or

3) be formed as a joint venture with one or more private persons or privately incorporated

bodies, or with another public authority;

Provided always that except with the approval of the Minister the ownership of the Authority

in any such subsidiary company shall be not less than fifty-one percent.


LEGISLATIVE PROVISION ON LAND DEVELOPMENT

TECHNIQUES

A major urban problem is fragmentation of land into different shapes and sizes and building

construction without adequate access or drainage facilities. The only alternative to achieve

orderly development retaining the interests of the existing landowners is a system known

as ‘Land Readjustment’ (LR). Other similar techniques consist have, ‘Guided Land

Development ‘where minimal change is anticipated or ‘Land Sharing’ which accommodates

improvement to slums and squatters. In the inner city areas such as (Sadarghat,

Reazuddin Bazar, etc) urban redevelopment and renewal efforts have to be undertaken. A

series of sites have been identified in the Plan for which a phased program should be

carried out by CDA and CCC.

Through land readjustment process, in exchange of larger parcel of raw land, owners get

back a smaller serviced plot of higher value. A portion of the land designated for

commercial use is sold in the market to recoup costs of roads, urban amenities (parks and

play grounds) and costs of overheads. Through land readjustment the following types of

urban development projects may be initiated. Sprawl prevention, b) Newtown development,

c) Urban rehabilitation, d) urban reconstruction and e) urban center development.


Statutory Provision: Participation of landowners is pivotal to the success of any such

participatory schemes. Though voluntary participation has been successful; to use it as an

effective tool legal enforcement is required. Therefore a provision may be made where

consent of a certain percentage of landowners gives the local government or the planning

authority to undertake land readjustment or other forms of urban redevelopment projects.

LR Bureau: Depending on how it is legally administered, there may be a need to create an

LR bureau at the national level to oversee LR activities, details of which has to be worked

out by legal experts. The CDA/CCC will have to form a committee to ensure transparency.

This will consist of government representatives, elected representatives, professionals,

financial analysts and eminent citizens. Land owners representatives (may or may not) be

included in the LR bureau but they will be the development committee for each project.


Process: The basic steps are note below:

- Willingness of a large number of landowners is often set as criteria for project selection

but as LR process has not been demonstrated in the city development process, the city

authority may select a project site. Once value addition is demonstrated to land owners,

voluntary selection will become the criteria. Thus a preliminary site has to be identified.

Number of landowners may vary from 20 to 200 or more.

- Identification of a parcel of land should be based on certain parameters such as easy

access to the existing urban road network, scope of infill development, potential of land to

increase in value to a lager extent.

- Land owners meeting and subsequent redefinition of project boundary


Project planning

- Setting up of consultant committee consisting of landowner representatives, planners,

representatives from other government utility organizations, Local government

representatives including ward commissioners.

- Plotting and re-plotting and setting number of land parcels (this process will be repetitive

subject to acceptance by majority of land owners whose opinion will be sought)

- Lease / disposal of financial / commercial plot/s


Project implementation

- Registration and title deed through the estate and legal department of CDA or CCC which

ever initiates the project.

Initial financial support may be provided by the national or local government. LR fund may

be created by the government CDA/ CCC.

Land Sharing: Land sharing technique may be applied for granting land tenure or to

improve the housing conditions in slums. The principle of land sharing requires that part of

the land area is cleared for commercial properties and the slum dwellers are re-housed on

the remaining land. Infilling may be required where feasible. Existing structures have to be

rebuilt to increase density. Active community participation is required to negotiate, allocate,

demolish or rebuild structures. The marketing of commercial properties should generate

sufficient funds for cost recovery.

The share of commercial property to rehabilitated slum area will in principal be 50% but

other variations are possible depending on resettlement demands and value of commercial

property.


The steps taken for community participation are as follows: a) identification of benefice

community members b) selection of community leaders and allocation of responsibilities c)

negotiation with actual land owners d) agreement on layout and house design e) allocation

of plots among households, f) agreement on contracts for loans, land tenure g)

organization of construction work h) clearing of site and erection of temporary shelters i)

house building through own initiative j) settlement of disputes (if any) k) initiation of

community development activities.

For cost recovery six conditions must be met: a) a good price must be negotiated for land

b) The peoples willingness to pay must be maximized c) cost of construction must be

controlled d) commercial properties must be effectively marketed e) subsidies must be

minimized and cross subsidies must be maximized.

The National Housing Authority and the CDA and CCC should support slum reconstruction.

Large development companies may be motivated to actively take part in slum renewal

projects on a non profit basis as part of corporate social responsibility (CSR). In awarding

large public sector projects, favorable consideration may be given on the basis of

undertaking certain amount of renewal work in slums and squatters.


Land Banking: The simplest and direct measure of financial feasibility is to buy lands in

advance of development particularly by CDA /CCC / NHA. It would purchase, hold manage,

trade and sell land for the purpose of providing low cost housing in Chittagong and other

essential urban projects. Joint ventures with the private sector may be undertaken to

encourage private sector low income housing development. Land held in the bank should

be put to productive use in the interim period. Unique revenue sources may be created to

reduce dependence on government funds. Legal experts have framed the requisite legal

provisions.


FURTHER LEGAL SUPPORTING DOCUMENTS AND

LEGISLATIVE PROVISIONS

The following sections provide some legislative provisions that have to be made to affect

planned growth and implement plans at the local level.

Control on Land Development and Land Subdivision: Currently there is no control on

actions on land particularly urban area. Urban or urbanizing land can be subdivided into

plots and roads laid out at will. This practice compromises the ability for planned growth

through provision of adequate infrastructure and urban amenities. Any operations on,

under and over land, including subdivision of land should be construed as ‘development’ and as such appropriate control process has to be established. A planning or development

control mechanism will be established which is separate from the current building

construction control. The proposed changes to the CDA ordinance and the Urban

Development Plan refer to these issues.


Coordination on lease of land: The District Commissioners Office gives Lease of

Government Khas land. This is done without any reference to the Master Plan or

development control guidance or coordination with the planning authority (currently CDA).

Housing companies have been given lease of land in the hills in contravention to the Use

control. Brickfields are given site with little or no consideration or environmental protective

guidance. This has lead to massive abuse of the hilly ecosystem. Coordination with the

planning authority has to be made prior to lese of land for any particular use to ensure

compatibility.

Building Rules: The current Building Rules are inadequate to protect the urban

environment. Mandatory provision of open space, permissible floor area as defined by FAR

(floor area ratio) conservation of heritage buildings are some of the important aspects that

need to be incorporated.


Culture and Heritage: Statutory provision of conserving and preserving cultural and

heritage building and sites has to be made and rules have to be formulated for cultural and

heritage conservation. In the interim period a heritage committee may be formed consisting

distinguished personalities from society with interest in arts, crafts and culture, imminent

historians, urban planners and designers and architects, academicians with interest in city

development along with elected representatives and the government. The Authority will

assign an architect and urban planner with this responsibility.

Leisure Recreation and Open Space: Further to the policies, individual and local area

provision this sector listed is measures to generate funds for implementing this category of

use at a wider scale.


References

1. GOB (1959), Chittagong Development Authority Ordinance, 1959 (East Pakistan

Ordinance No. LI of 1959), Dhaka Gazette, Extraordinary, 27th July 1959.

2. GOB (2009), Bangladesh Gazette, Extraordinary, 25th January 2009.

3. Terms of Reference for the preparation of Detailed Area Plan, Chittagong Development

Authority, 2005.

4. Terms of Reference for the preparation of Detailed Area Plan, Rajdhani Unnayan

Kartipakkha (RAJUK), Dhaka, 2004.

5. Bid Document for the preparation of Detailed Area Plan, Chittagong Development

Authority, 2005.

6. Structure Plan of the Chittagong Development Authority, 2001.

7. Urban Area Plan of the Chittagong Development Authority, 2001.


Thanking You

for your kind attention

ethics in regulatory control - researchgatebd.com file2 environmental impacts for gr a regulatory...

Documents