LOCAL SELF-GOVERMENT

TOWN PLANNING AND VALUATION

Organisation

The Maharashtra state has an independent Town Planning and Valuation department under the administrative control of the Urban Development and Public Health Department. The department as its very name indicates, principally deals with two important subjects, viz., Town Planning and Valuation of real property.

The department was started in the year 1914 with the consulting Surveyor to Government as its head. Later one assistant consulting surveyor to government, one deputy assistant consulting surveyor to government, and two senior assistants with the reqiuistie staff were appointed to assist him. As the activities of this department increased, these assistants were posted at prominent places in the state to attend to the work of town and country planning very essentially required in and around these towns and cities. There has been a considerable increase in the activities of this department in recent years with the consequential increase in the number of branch offices in the state. The head office of this department is at Poona and the other branch offices at present are at Bombay, Kolhapur, Nagpur, Amravarti Aurangabad, Kalyan and Sholapur. Some of the officers have been appointed to function as the land acquisition officers. There are thus two full-time special land acquisition officers at Poona and one full-time land acquisition officer at Bombay in addition to two part-time land acquisition officers, one each at Bombay and Poona.

Bombay Town Planning Act

The statutory powers regarding planning were embodied under the Bombay Town Planning Act, 1915, which was in force in the state till it was replaced by the Bombay Town Planning Act, 1954 The new act generally incorporates the provisions of the Bombay Town Planning Act, 1915 and in addition makes obligatory on every local authority (barring Village Panchayats) to prepare a development plan for the entire area within its jurisdiction. The development plan aims at the improvement of existing congested gaothan portion of the town and contains proposals in respect of the out-lying open areas so as to guide the development on planned basis. The proposals of the development plan can be implemented by the preparation of statutory town planning schemes. In preparing town planning schemes, the planner can ignore to a great extent the existing plot boundaries. In designing his layout the existing holdings can be reconstituted and made subservient to the plan, and building plots of good shape and frontage can be allotted to owners of lands ill-shaped for building purposes and without access. The cost of a scheme can be recovered from the owners benefited, to the extent of 50 per cent of the increase in the value of the land estimated to accrue by the carrying out of the works contemplated in the scheme. When a draft town planning scheme prepared by a local authority in consultation with the owners is sanctioned, a town planning officer is appointed. His duties are to hear each owner individually, consider his objections or proposals and make suitable adjustments or amendments in the draft scheme proposals, if found necessary.

Most of the local authorities have no technical staff of their own to prepare the development plans. This department prepares the development plans on behalf of such local authorities under the provisions of the Bombay Town Planning Act, 1954. Accordingly, a scheme for the preparation of development plans was provided in the Second Five-Year Plan and the additional staff was sanctioned for that purpose.

Duties and Functions of the Department

Town Planning.—The duties and functions of this department are as under: —

Educating the municipalities regarding the advantages of town planning and preparation of development plans and town planning schemes under the Bombay Town Planning Act, 1954.

Advising the municipalities in the selection of suitable areas for preparation of town planning schemes.

Giving the required assistance to the municipalities in the preparation of development plans and town planning schemes in the shape of advice as well as loan of the services of technical assistants for the preparation of development plans and draft town planning schemes.

Performing the duties of the town planning officers when so appointed by government, to scrutinise building permission cases, to tender advise to the board of appeal and to draw up the final schemes.

Issuing certificates of tenure and title to the owners of lands included in the town planning schemes.

Advising government on all matters regarding town and country planning including legislation.

Preparing town development, improvement, extension and slum clearance schemes under the municipal acts.

Preparing development schemes or layouts of lands (i) belonging to government and (ii) belonging to co-operative housing societies and private bodies with the sanction of government.

Advising officers concerned in respect of village planning and preparation of layouts for model villages, etc.

Advising government on housing, slum clearance, regional planning and prevention of ribbon development including legislation.

Preparing type designs for the housing of the middle and poorer classes including Harijans.

Scrutinising miscellaneous building permission cases and layouts received from the collectors and recommending suitable building regulations for adoption in the areas concerned.

Valuation.—The Consulting Surveyor to government is the chief expert adviser to government on this subject and his duties under this heading include—

(1) Valuation of agricultural and non-agricultural lands and properties in towns and villages belonging to government and intended for the purpose of sale or lease.

(2) Valuation of government properties for purposes of rating under the municipal acts.

(3) Valuation for miscellaneous purposes such as cantonment leases, probate or stamp duty, etc.

(4) Valuation for the purposes of fixing standard rates of non- agricultural assessment and prescribing zones of values in all villages and rising localities in the vicinity of important and growing towns.

(5) Valuation for the purposes of fixing standard table of ground rents and land values in respect of lands in cantonments.

(6) Scrutiny of awards of compensation (if and when receivied from government).

(7) Supplying trained technical assistants to do duty as special land acquisition officers in important towns where the land acquisition work is of a very important and responsible nature.

(8) Giving expert evidence when called upon to do so in the district courts and the high court when appeals are lodged against awards of compensation under the land acquisition act.

(9) Undertaking valuation work on behalf of railways and other departments of Central Government and private bodies with the sanction of government on payment of fees, etc

Miscellaneous.—His miscellaneous duties are—

(1) Advise the various heads of departments of government in the selection of sites required for public purposes.

(2) See that all town planning schemes or layout schemes sanctioned by government are properly executed within a reasonable period or periods fixed in the schemes.

(3) Advise government as regards interpretation, amendment or addition to the Bombay Town Planning Act, or rules thereunder.

Town Planning in the District

During the period from 15th August 1947 to 30th November 1956. the chief town planner of the former Hyderabad State looked after the town planning activities in the towns of Bhir district. Consequent upon the reorganisation of the states a new branch office of the town planning and valuation department was established at Aurangabad for the five districts of Marathwada, the deputy assistant consulting surveyor being its head.

During the period under review, master plans and town extension schemes have been prepared for Ambejogai, Parali, Manjlegaon, and Georai under the provisions of the Hyderabad Sanitary Powers Act of 1352 Fasli (1943 A. D.). The development schemes and town extension schemes have gradually been prepared for the outlying areas of the old towns.

Master plan for Parali has been prepared but it is yet to be sanctioned by the government. Preparation of the master plan for Bhir town is in progress in this office (1962). Four town extension schemes for the towns of Bhir, Manjlegaon, Ambejogai and Georai are prepared. Of these the Manjlegaon town extension scheme, has been approved by the government.

In addition to the above, a number of layouts for the planning of open lands suitable for development and re-planning of congested areas have been dealt so far.

The Sanitary Powers Act of 1352 Fasli (1943 A. D.) has been repealed by the Hyderabad District Municipalities Act, 1956, whereunder a separate chapter on town planning has been provied. It has been made compulsory for every town to have the master plan under the above act.

It is proposed to extend the application of the Bombay Town Planning Act, 1954 to the above areas replacing the relevant provisions of 'Town Planning' under the Hyderabad District Municipalities Act, 1956. This question is under the consideration of government (1962).