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Working Paper ‐ 4
Land reservations for the urban poor: The case of town planning schemes in Ahmedabad
Rutul Joshi1
Prashant Sanga2
December 2009
Centre for Urban Equity
(An NRC for Ministry of Housing and Urban Poverty Alleviation, Government of India) CEPT University
1 Faculty of Planning and Public Policy & CUE (Centre for Urban Equity), CEPT University,
[email protected] 2 This work is partially based on the field investigations carried out by Prashant Sanga for his masters’ level
dissertation. [email protected]
Working Paper – 4
Disclaimer
The comments and opinions in this paper are of the authors and not of the Centre for Urban
Equity or CEPT University.
The Urban Housing Challenge
Time and again, it has been pointed out that an essential dimension of urban development is
addressing the need for secured shelter for the low income groups in the cities, in particular
of the slum dwellers. Slums represent poor living quality and also indicate urban distress. At
the same time, these also indicate a housing solution as well as investments by the poor in
urban housing stock.
Scarcity of developed and serviced land, high land prices, rising prices of materials and
resource constraints of government agencies are some of the factors which forces the urban
poor to live in a substandard housing and unhealthy environment. Land in urban area, on one
hand, is a scarce resource which needs to be utilized appropriately in order to achieve
balanced development while on the other hand, there is a very big need to supply land for
housing the poor.
The total housing shortage in India was about 24.71 million dwelling units in the year 2007.
Amongst this, 21.78 million dwelling units were required for SEWS (social and economically
weaker section) housing while 2.89 million dwelling units, for LIGs (Low Income Group).
National Sample Survey Organization (NSSO) 2002 survey indicate that 52,000 slums hold
eight million urban households, representing 14 per cent of the total urban population in the
country. This explains the failure of provision of adequate housing stock with minimum basic
services for the urban poor resulting in rapid growth among the slum population in the cities.
Low affordability of the poor poses a very important challenge in ‘Housing for All’ goal of
the National Housing Policy of 2007. Such conditions create an ever mounting ‘house-less’
and ‘land-less’ population in the cities which takes shelter in slums and squatter settlement.
As per Ministry of Housing And Urban Poverty Alleviation, SEWS households and LIG
households are defined as the families having monthly household income of less than Rs.
3,300 and Rs. 7,300 respectively. However, this has been the subject to revision by the
Steering Committee of the Scheme of Affordable Housing from time to time. The total
number of households coming under the category of ‘SEWS’ in the city of Ahmedabad were
105,472 as on November 2005.
One of the biggest hindrances to implement developmental project related to the urban poor
is the availability of land and number of government agencies have, time and again, argued
so. In order to make land available to the government, various planning systems of the
country have practices of reserving land for public purposes out of the total land pool.
Land Development Mechanism – Town Planning Schemes in Gujarat
In Gujarat and Maharashtra, land pooling mechanism is adopted for urban land development.
Under this, Town Planning (TP) Schemes are prepared for lands which are not acquired by
the government agency. It is reshaped, readjusted and returned to the original owner.
Generally when a TP Scheme is laid in an area, about 40 per cent of land is utilised in
providing common infrastructure and facilities like roads, gardens, play grounds etc. This
proportion of land area is deducted from each of the individual land owners’ original land.
Land parcels retained by the planning authority are then used for ‘public purposes’.
Evidently, the land area of a land owner decreases but overall value of the land increases
several times because with the implementation of the town planning schemes, the land
parcels become more organised and accessible with better infrastructure provision.
In Maharashtra, the TP Schemes are prepared and implemented under Maharashtra Regional
and Town Planning Act, 1966; and in Gujarat, Gujarat Town Planning and Urban
Development Act (GTPUD), 1976. Major difference between land pooling mechanism (TP
Scheme) and land acquisition mechanism is that under the land pooling, the benefit of urban
development is realized by the original owner of the land, whereas in the acquisition model,
the planning agency benefits and not the original owner.
At the local area level, the potential of any plot improves with regularity of shape, improved
accessibility, availability of facilities in the neighbourhood and better linkage with other parts
of the city and TP Schemes facilitates these changes. The improved potential obviously
results in increment of market value. Since this increase takes place without any effort on the
part of the owner, it forms ‘Unearned Increment’ which can be shared by the owner and the
government agency. The owner receives compensation for the land deducted from his
original plot. The owner also retains at least half of the increment in market value of the plot
immediately available and full increment in the future.
The TP Scheme as a detailed local area planning mechanism has been practiced in Gujarat for
more than last eight decades. In Ahmedabad, the first TP Scheme was prepared in Jamalpur
in 1917. Area for a TP scheme is taken as 250 acres to 300 acres (100 or more ha) as a thumb
rule. It was prepared under the provisions laid by Bombay Town Planning Act, 1915. Now
the GTPUD Act, 1976 provides for the planning and administration of TP Schemes in the
state.
Research design and limitations
This paper examines the role and effectiveness of the much talked about Town Planning
Schemes of Ahmedabad in providing land for the poor households. For this, first of all the list
of reserved land in Ahmedabad was acquired from the Municipal Corporation. Based on the
list, the reserved land for the SEWS housing were sorted out, located and mapped.
It was found that 172 plots were allocated for SEWS housing which amounts to total area of
135 hectare. All the 172 plots were visited and the detailed land inventory comprising of the
size of the plot, proposed and current use, access to road and basic services was prepared and
analysed.
However, the field investigations carried out in January 2009 of the available list of reserved
plots was comprised of the land parcels located in the pre-2006 municipal limits of
Ahmedabad3. The adjoining areas to the municipal limits were being planned and
administered by the Ahmedabad Urban Development Authority (AUDA) till 2006. And thus
the current work is limited to the Ahmedabad Municipal Corporation’s jurisdiction till 2006
and it takes in account the town planning schemes planned and implemented between 1976
and 2006.
Town Planning Schemes in Ahmedabad
The TP Schemes in Ahmedabad city are a well-known tool for land management which
provides serviced land parcel for urban development efficiently. In order to provide
affordable housing to the poor population of a city, the GTPUD Act (1976) has a provision of
reserving land for the urban poor defined as socially and economically weaker section
housing. The idea of reserving land for the SEWS housing is to minimize the distance
between residential location of the poor and the distance from the work area by providing
land for the poor in all the TP Schemes in a city.
3 The limits of Ahmedabad Municipal Corporation were expanded from 256 sq kms to 464.16 sq kms in 2006
and subsequently.
As per the GTPUD Act (1976), of
the 40-50 per cent of remaining
land for public purpose, 15 per
cent of land is reserved for roads,
5 per cent for open spaces (play
ground, garden, parks), 5 per cent
for social infrastructure (schools,
dispensaries, fire station, public
utility, etc.) and there are also
norms for up to 10 per cent
reservations for SEWS housing.
To be precise, section 40(j) of
GTPUD Act provides for “the
reservation of land to the extent
of ten per cent; or such
percentage as near there to as
possible of the total area covered
under the scheme, for the purpose
of providing housing
accommodation to the members
of S.E.W.S.” The ownership of
the common plot/land reserved
for public purposes rests with the
government or local authority.
The map above shows the
locations of the ‘public purpose’
reserved land in the pre-2006
municipal limits in Ahmedabad
city.
Based on the secondary
information collected from the
Town Planning department of
Ahmedabad Municipal
Corporation in 2009, it has been observed that 1,692 ha of land has been kept reserved for
public purposes by the local authority. Out of 1,692 ha of land, 172 plots are allocated for
SEWS housing which amounts to total area of 135 ha (Chart 1).
Chart 1 shows that maximum land is allocated for miscellaneous use, which includes parking,
small markets, pumping station, fire station, government buildings and recreational purpose.
Map 1: Distribution of all the reserved lands in Ahmedabad
Chart 1: Public Purpose Land within AMC Limits 2006
Map 2: Spatial distribution of SEWS reserved land parcels
The land for miscellaneous use accounts for 623 ha or 36.8 per cent of the total reserved
lands for public purpose. This is followed by saleable land for commercial purposes and its
accounts for 20.7 per cent of the total public purpose land. The purpose of the saleable lands
is to earn profit in order to recover the cost of those lands which are used for social purpose.
The allocation of the public lands for slum up gradation and social sectors (schools and
dispensary) is small, around 8 per cent (142 ha) and 6 per cent (162 ha) respectively. In
contrast, the lands reserved for open space and garden accounts 16 per cent of the total or 282
ha. This indicates that SEWS housing and social amenities do not form a priority in
Development plan (DP) reservations.
Land Reservations for SEWS in TP Schemes (1976-2006)
As per the records of the Town Planning department of the AMC, 172 plots have been
allocated for SEWS housing. By the year 2006, about 50 TP Schemes had land parcels
allocated for SEWS housing within the AMC limits. Out of 986 ha of land which is reserved
for public purpose in these 50
TPS, 135 ha (i.e. 13.7 per cent)
of land is allocated for the
SEWS. Most of these lands fall
in the southern, eastern and
northern zones of the
Ahmedabad city. Map 2 shows
this spatial distribution of plots
allocated for the SEWS.
The concentration of SEWS
plots in the southern and eastern
Ahmedabad is mainly because
the majority of the city’s urban
poor reside in these zones. They
work in the adjoining industrial
estates and commercial units or
are self-employed in the informal
sector. Besides, the land prices in
the eastern and particularly southern-eastern Ahmedabad are comparatively lower than the
western parts of the city and thus, easier and obvious practice for the town planners to
allocate for economically weaker section housing. Within the southern zone, maximum
number of SEWS plots are located in the Vatva TP Scheme, where 21 plots have been
assigned for the SEWS housing. In the southern zone, 98.8 ha of land are allocated for SEWS
housing out of total 805.7 ha within the zone.
Current status of SEWS land reservations
It was important to see the usage of the reserved land to determine the status of a mechanism
which was devised for the welfare of the poor. It becomes crucial to examine the land
reservation mechanisms of the past when the JnNURM (Jawaharlal Nehru Urban Renewal
Mission) – the biggest urban development mission of the Government of India since
Independence – proposes a certain amount of reservations of land for the poor in cities of
India as a mandatory reform of the mission.
All the 172 plots were visited and mapped across the municipal zones. A detailed land
inventory comprising of proposed and current use, size of the plot, access to roads and basic
services was prepared.
It was clear from the land inventory that out of 135.85 ha, about 37.43 ha (27.55 per cent)
land parcels were vacant and about 27.2 ha (20 per cent) were still under agricultural use
(Table 1). SEWS public housing was built merely on 6.11 per cent of land and rest of the land
had residential and commercial developments. It is not known whether the surveyed
residential and commercial uses on these plots were the legitimate use of not. There are strict
restrictions on converting the reserved land in the town planning schemes to the uses other
than what is proposed. It is administratively very difficult to convert the reserved land. So
there is a strong possibility that the land uses seen on the SEWS reserved land are not
legitimate uses.
Most of the allocated residential areas in Danilimada, Narol, Shahwadi and Isanpur south
have been illegally occupied, with such areas amounting to about 49.94 ha out of 135 ha. In
some areas, the SEWS reserved land was being used for the parking of trucks and heavy
vehicles. In case of Narol and Shahwadi, plots with FP (final plot) number 2, 4 and 5 are
being used for parking on account of their proximity to the National Highway No. 8.
Besides, 20 per cent of land currently reserved for SEWS is being used for the agricultural
purpose.
Table 1:
Chart 2:
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In any ca
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Land useVacant lAgricultuEWS PubOther resOther comOthers Total
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Area in ha37.43 27.20 8.30 41.33 17.23 4.36 135.85
ad
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total 135.85
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is possible to build more than 27,000 housing units following the existing FSI norms (1.8)
and following the current norms of construction for the EWS housing (25 sq. mt. per unit).
With an increased FSI of 2, more than 30,000 housing units could be built.
Table 2: Housing Supply Possibility on Reserved Lands
Under utilization of SEWS housing land
Formal planning tools, such as the TP Scheme, do provide lands for the poor. But the local
government does not take the advantage of this and have not built SEWS housing on it due to
various administrative and legal reasons. The underutilization of SEWS housing land reflect
serious mis-management of resources and inefficient land management. There are land
reserved to build housing for the poor very much within the city limits and it is not being
used effectively to increase the housing stock for the poor. This study also contradicts the
claim that there are no lands available for housing the poor in the city of Ahmedabad and this
might be true for the other cities in the state as well.
Such lands could be squatted upon and may be used by the ‘SEWS’ for their own housing,
subverting the official planning practices. However, this kind of housing is not legal. As per
the GTPUD Act if the lands reserved for the SEWS are squatted upon then, the local
government will have to remove the poor from the land and they could only be housed (on
the same land or on some other land) after government builds housing on the land and give it
back to the poor (same inhabitants or some other). If there is a demand to legalise the
squatter settlement on the SEWS reserved land then the Town Planning Department has to
first de-reserve that piece of land, then the state government will have to grant patta (land
title) to the occupants of the same land. It is a long and tedious process, indicating lack of will
on the part of the local government to grant lands to the urban poor.
Besides, the municipal budget (from 2002 to 2007) shows that although funds are allocated
for urban poor in the municipal budget in the past few years, yet the actual utilization is very
negligible. In the year 2000-2001 the fund allocation and actual utilization is 57 per cent
which is negligible in the year 2003-2004. In the consequent year, allocation of money is
Case 1 Case 2 Available Land (Ha) 68.99 68.99 FSI (as per DCR) 1.80 2.00 Available Built up 124.18 137.98 In Sq Mts 1,241,820.00 1,379,800.00 SEWS Unit size 25.00 25.00 Number of Units 49,673.00 55,192.00 SEWS Unit size 30.00 30.00 Number of Units 41,394.00 45,993.00 SEWS Unit size 45.00 45.00 Number of Units 27,596.00 30,662.00
only 12 per cent – but in recent times it has increased. Only in the last few years, (2006
onwards) with the introduction of the BSUP component of JnNURM, the fund utilisation for
SEWS housing in the municipal budgets have increased. This means that there were
provision of land and finances both available with the urban local body in all these years
which are not utilized to provide housing to the poor.
What kind of plots are allotted for SEWS housing?
There are also concerns regarding the type of land allocated for the SEWS reservation. It is
observed that the land pockets which are reserved for SEWS housing often do not get enough
attention from the planners. They might have odd shapes or they may be on difficult terrain
or low lying area. Most of the plots reserved for urban poor are located at distant places
which are not easily accessible which directly affects the quality of the housing scheme.
For example, in the TP Scheme of Hanspura Muthia (Map 3), the land parcels allocated for
SEWS housing have irregular shapes and it is difficult to conceive housing schemes on such
plots. Similarly, in case of Haithjian -3 TP Scheme (Map 4), the shape and size of the
reservation land for the urban poor is irregular, small and it is located in the low-lying area.
In case of Vatva –VI, with TP Scheme No-80, the land allocated for the urban poor is not
easily accessible to the main connecting roads. Vatva –VI TP Scheme is in draft stage
(January 2009) and in the draft plan there is no connectivity given to the SEWS plots directly.
In essence, reserving lands for the SEWS housing are deficiently planned; inadequately
financed and inefficiently implemented. Only reason why this mechanism survives and is
practiced is because it is legally binding under the GTPUD Act. It is an example of a
mechanism which is mainly devised for the poor but does not work for them. However, if this
mechanism can be used effectively to provide land for the urban poor’s housing, it can be a
most useful mechanism.
Emerging Issues – Land reservations and the poor
a. TP Scheme does not work for the public domain and for the poor
Our research in case of Ahmedabad clearly demonstrates that even the TP Scheme
mechanism, one of the most celebrated planning mechanism, does not really work for the
benefit of the poor, given the former apathy and now hostility to the urban poor in our cities.
It is a classic example of top-down planning mechanism which is well-intentioned in
providing land for the poor but fails in its execution completely.
It has been a long-standing critique of the TP Schemes in Gujarat that although it efficiently
returns streamlined land parcels back to the private land owners, on the public domain front
efficient and equitable use of land resources depends entirely on the inclination, interests and
initiatives taken by individual technocrats involved. Thus, although lands are reserved for the
EWS housing they do not get used for the purpose and remain unutilized and therefore prone
to encroachments. No one is accountable if the reserved lands are not used for the purpose.
Today, the AMC is not even considering to use the SEWS reserved plots for BSUP housing
under JnNURM as most of these land parcels are stuck in the sanctioning process. It is
Map 3: Hanspura Muthia TP Scheme Map 4: Hathijan-3 TP Scheme
Plots reserved for SEWS housing
ironical that there are other municipal corporations in the country struggling to find land
parcels to implement schemes for the poor and here there is a mechanism of making land
available to the poor but it is not being utilised properly.
b. TP Scheme need to be tighten for faster delivery of serviced land
The TP Scheme mechanism is very slow in spite of its advantages of being more pragmatic as
well as democratic as far as the land owners are concerned and in comparison to land
acquisition mechanism. However, it needs to be further tightened up to deliver land parcels
for the poor on a regular basis. In case of the SEWS reservations, the land should be
transferred to the ULB at the stage of draft scheme itself where the ULB may propose a
housing project in the given time frame. Secondly, there should be an independent audit of
the quality of land parcels marked in the TP Scheme and the quality housing projects build on
them subsequently. But, a TP Scheme mechanism, which sounds more pro-people and also
pro-poor, may fail to deliver in a system where the bureaucracy rules the roost.
c. What should be the model of public housing on the SEWS reserved land?
There may not be one answer to this question. It is also not expected of the ULB to build
public housing themselves on all the SEWS reserved plots. The ULBs can enter into a
partnership with private developers using concepts like transfer of development rights (TDR).
But it is finally the government agency which will take care of the identification of the
beneficiaries and the allotment of the housing units. There are different approaches and
models available across the country where mutually beneficial partnerships have been
worked out. The SEWS housing reserved land can be instrumental in addressing the demand
of lower-income segments of housing market.
d. What about the slums existing on the SEWS reserved land?
There is also an issue of the slum squatters existing on the SEWS reserved lands. There are
two possibilities here. One, there is an existing slum and the planning authorities have
declared the land of that slum as SEWS reservation. Second, there is a local politician led
invasion on the public land which is going to be reserved for the poor. The implementation of
TP Scheme takes a long time and thus, by the time, the TP Scheme is fully implemented
slums come up on the lands reserved for the SEWS. In such cases, as per the GTPUD Act, if
there are slum squatters existing on the reserved land, it needs to be removed first and only
after building the housing units, the beneficiary may be allotted the residential units. The
GTPUD Act should be amended in case of slum existing on the SEWS reservations where the
existing slum itself could be redeveloped over a period of time giving land titles to the poor
family over a period of time.
e. How to make the ‘reservation’ policy work? Will the 25 per cent of land earmarked for the poor work for them?
Reserving land for the poor has not really worked in the past in one of the most urbanised
state in the country and her main city (Ahmedabad), which is leading in JnNURM project
allocations and implementation. The TP Schemes only reserved the land but beyond that no
institutional arrangement was developed, nor institutional accountability introduced to ensure
that the land is indeed used for housing the poor. The existing slum development
departments of the urban local bodies can be provided with the financial and administrative
resources to develop housing projects for the poor on the reserved land. It is a mandatory
reform of JnNURM to earmark 25 per cent of land for housing the poor. Here, we saw an
example where 10 per cent of land reservations in the local area plans are not taken care of –
then managing 25 per cent of land reservations would be even more difficult in the existing
circumstances. There needs to be institutional mechanism and accountability established to
provide housing and basic services for the poor otherwise the goals of this mandatory reform
would not be achieved.
Policy implications – making planning work for the poor
The proliferation of informal and illegal forms of access to urban land and housing has been
one of the main consequences of the processes of social exclusion and spatial segregation
characterized as part of intensive urban growth in the city. Absence of adequate housing
policy and the land market dynamics force the urban poor to create their own shelter by
encroaching upon the vacant land and construct their own housing. To prevent the growth of
slums, there is a need to understand and identify the factors that have contributed to the
phenomena of urban illegality and emerging informal markets of housing and service
provision. The local authority should explore practical but transparent methods to promote
better utilization of public purpose land while improving access for the urban poor. The
efficiency of town planning and urban development programmes lies in meeting the growing
demand for housing in urban areas that ensure orderly urban growth. Private sector
involvement has been applied in different cities which give the efficiency in the
implementation process.
The government should use all possible ways of making land and housing available to the
urban poor. If the land is utilised efficiently, the quantum of land required for the urban poor
in the city of Ahmedabad is not much compared to the size of the city. To house about one
million urban poor (2 lakh households) in the city the gross land requirement is about 10 sq.
km. For an urban agglomeration of Ahmedabad, which is more than 700 sq. km., it is not
difficult to find about 10 sq. km. of land distributed across the entire agglomeration.
The city level DP and the area level TP Scheme are the formal and most important
mechanisms to earmark land for the poor from time to time. They should play an active role
in providing for the poor. Planning authorities should make sure that these plans are timely
revised and sanctioned. The new township policy in the Gujarat State would make large scale
housing projects possible and the government should ensure that there are pro-poor
components in such projects.
The TP Schemes in Gujarat have proved to be successful instruments in reserving lands for
infrastructure project and the same can be used effectively to allocate lands for the poor. The
state government should encourage the city government to develop land pools which could be
utilised for the benefit of the urban poor.
References:
1. AMC and AUDA with CEPT University (2006). City Development Plan.- Ahmedabad. Ahmedabad Municipal Corporation and Ahmedabad Urban Development Authority, Ahmedabad.
2. AUDA (2006): Draft Development plan of AUDA-2011. Ahmedabad Urban Development Authority, Ahmedabad.
3. Kundu, Amitabh and Mahadevia Darshini (2002), ‘Ahmedabad–Poverty and Vulnerability in a Globalizing Metropolis’, Manak Publications, New Delhi.
4. MoUD (2005): Guideline for the project on Basic services to urban poor, to be taken up under JNNURM, Ministry of Urban Development, GOI, New Delhi
5. MoHUPA (2007): National Urban Housing and Habitat Policy 2007. Ministry of Housing and Urban Poverty Alleviation, GOI, New Delhi.
6. MoHUPA (2007): National Urban Housing and Habitat Policy, 2005, September 6, 2005. Source: muepa.nic.in/policies/duepa/DraftNHHP2005-9.pdf.
7. United Nations Human Settlements Programme (2003), The Challenge of Slums, Earthscan Publications Ltd., London
List of CUE Working Papers
WP 1 Subversive Urban Development in India: Implications on Planning Education, by Darshini Mahadevia and Rutul Joshi, December 2009.
WP 2 Approaches to the Lands for the Urban Poor, India: A workshop Report, by Darshini Mahadevia, Rutul Joshi and Rutool Sharma, December 2009.
WP 3 Integrating the Urban Poor in Planning and Governance Systems, India: A Workshop Report, by Darshini Mahadevia, Rutul Joshi and Rutool Sharma, December 2009.
Centre for Urban Equity (CUE) advocates a human-centered and equitable urban development paradigm. The activities of CUE are research, policy advocacy, training and capacity building and data documentation and dissemination. The Centre is a National Resource Centre of Ministry of Housing and Urban Poverty Alleviation, Government of India.
Centre for Urban Equity (An NRC for Ministry of Housing and Urban Poverty Alleviation, Government of India)
CEPT University Kasturbhai Lalbhai Campus, University Road, Navrangpura, Ahmedabad – 380009
