The process of urbanization and migration of people from rural areas to urban areas for better living opportunities has resulted in serious problems with housing, infrastructure, and health.
This unplanned urbanization pushes poor people to live in urban slums in very unhealthy living conditions. Thus, tremendous pressure is exerted on urban infrastructure due to unplanned growth.
In India, Development Authorities have come into existence, out of the need to tackle growing housing problems and poor infrastructure. It was envisaged that the development authorities will help to plan, implement & coordinate development activities in a structured way. After the constitution of urban development authorities, the actual implementation of urban projects and master plans started.
Therefore, several urban development authorities have been established by various state governments to provide housing, infrastructure, and amenities to its ever-growing population.
The first to come up was the Delhi Development Authority (DDA) in 1957, for the Delhi metropolitan area.
Similarly, the Uttar Pradesh Development Authority came up with the enactment of the Uttar Pradesh Urban Planning and Development Act, 1973 to provide for the development of certain areas of Uttar Pradesh.
UTTAR PRADESH URBAN PLANNING AND DEVELOPMENT ACT, 1973
The Governor of Uttar Pradesh promulgated on June 12, 1973, the Uttar Pradesh Urban Planning and Development Ordinance, 1973, which reproduced the provision of the Uttar Pradesh Urban Planning and Development Bill, 1973, as passed by the U.P. Legislative Council.
The reason for this enactment was that in the developing areas of the State of Uttar Pradesh, the problems of town planning and urban development need to be tacked resolutely. The existing local bodies and other authorities in spite of their best efforts have not been able to cope with these problems to the desired extent.
In order to bring about improvement in this situation, the State Government considered it advisable that in such developing areas, Development Authorities patterned on the Delhi Development Authority be established.
As the State Government was of the view that the urban development and planning work in the State had already been delayed it was felt necessary to provide for the early establishment of such Authorities.
MEANING OF DEVELOPMENT AUTHORITY
According to Section 2(e) of Uttar Pradesh Urban Planning and Development Act, 19731 ‘development’ with its grammatical variations, means the carrying out of the building, engineering, mining, or other operations in, on, over, or under land, or the making of any material change in any building or land, and includes re-development:
According to Section 2(f) of Uttar Pradesh Urban Planning and Development Act, 19732 ‘Development Area’ means any area declared, a development area under Section 3.
According to Section 2(g) of Uttar Pradesh Urban Planning and Development Act, 19733 ‘the Development Authority’ or ‘the Authority, in relation to any development area, means the Development Authority constituted under Section 4 for that area.
SIGNIFICANCE OF DEVELOPMENT AUTHORITY
Large cities, towns, and even small neighborhoods do not spring up overnight. They are the result of careful planning by civil and design engineers, project managers, architects, environmental planners, and surveyors. The integration of these disciplines is known as urban development.
Urban development is a system of residential expansion that creates cities. Residential areas are the primary focus of urban development. Urban development occurs by expansion into unpopulated areas and/or the renovation of decaying regions. The task of building a ‘world-class’ urban India in a sustainable and planned manner is a tall order. This calls for a gigantic urban planning effort by the government.
The Development Authority is responsible for infrastructure development, commercial projects, residential schemes, and amenities, rehabilitation of slums, preparation and implementation of master plans, eco-friendly schemes, and transport systems.
Uttar Pradesh Development Authority believes in creating a home or an office based on an understanding of consumer needs and preferences. Properties are developed only after extensive market research is carried out to determine consumer needs and projects are designed and implemented as per consumer preferences.
Thus, Development Authority shall strive its best to ensure affordable housing in environmentally invigorating habitats with inclusive facilities, especially for the economically weaker section, low and middle-income groups, and competitive price options for the other sections of the society.
CONSTITUTION OF DEVELOPMENT AUTHORITY
Section 3 of the U.P. Urban Planning and Development Act, 1973 provides for the Declaration of development, areas. It states that: If in the opinion of the State Government any area within the State requires to be developed according to plan it may, by notification in the Gazette declare the area to be a development area.
Section 4 of the U.P. Urban planning and Development Act, 1973 talks about the Constitution of The Development Authority. It states that:
- The State Government may, by notification in the Gazette, constitute for the purposes of this Act, an Authority to be called the Development Authority for any development area.
- The Authority shall be a body corporate, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued.
- The Authority in respect of a development area shall consist of the following members namely-
- A Chairman to be appointed by the State Government;
- A Vice-Chairman to be appointed by the State Government;
- The Secretary to the State Government, in charge of the Department in which, for the time being, the business relating, to the Development Authorities is transferred, Ex-Officio;
- The Secretary to the State Government in charge of the Department of Finance, ex-officio:
- The Chief Town and Country Planner, Uttar Pradesh, ex-officio;
- The Managing Director of the Jal Nigam was established under the Uttar Pradesh Water Supply and Sewerage Act, 1975, ex-officio:
- The Mukhya Nagar Adhikari, ex-officio;
- The District Magistrate of every district any part of which is included in the development area, ex-official;
- Four members to be elected by Sabhasads of the Nag Mahapalika for the said city from amongst themselves;
- Such other members not exceeding three as may be nominated by the State Government.
Further, section 4(7) states that the Authority in respect of a development area other than that mentioned in Sub-Section (3) shall consist of a Chairman, a Vice Chairman, and not less than five and not more than eleven such other members, including at least one member each from Municipal Boards and Notified Area Committees having jurisdiction in the development area, who shall hold office for such period and on such terms and conditions as may be determined by general or special order of the State Government in this behalf.
OBJECTS OF THE DEVELOPMENT AUTHORITY
According to Section 7 of the U.P. Urban Planning and Development Act, 19736, the Authority shall promote and secure the development of the development area according to the plan and for that purpose, the Authority shall have the power to acquire, hold, manage and dispose of land and other property, to carry out building, engineering, mining, and other operations, to execute works in connection with the supply of water and electricity to dispose of sewage and to provide and maintain other services and amenities and generally to do anything necessary or expedient for purposes of such development and for purposes incidental thereto.
FUNCTIONS OF DEVELOPMENT AUTHORITY
The Development Authority shall perform the following functions:
• MASTER PLAN FOR DEVELOPMENT AREA
According to Section 8 of the U.P. Urban Planning and Development Act, 19737,
(1) The Authority shall, as soon as may be, prepare a master plan for the development area.
(2) The master plan shall- a) Define the various zones into which the development area may be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to be used and the stages by which any such development shall be carried out; and
b. Serve as a basic pattern of framework within which the zonal development plans of the various zones may be prepared.
(3) The master plan may provide for any other matter which may be necessary for the proper development of the development area.
POWERS OF DEVELOPMENT AUTHORITY
- Permission for the Development of Land in the Developed Area
- Section 14 of the U.P. Urban Planning and Development Act, 1973 provides that:
- After the declaration of any area as a development area under Section 3, no development of land shall be undertaken or carried out, or continued in that area by any person or body unless permission for such development has been obtained in writing from the Vice Chairman.
- When any department or local authority intends to carry out any development of land it shall inform the Vice Chairman in writing of its intention to do so by giving full, particulars thereof, including any plans and documents, at least 30 days before undertaking such development.
- In this case, if the Vice-Chairman has no objection it should inform such department of the same within three weeks from the date of receipt and the department shall be free to carry out the proposed development.
- Where the Vice-Chairman raises any objection to the proposed development on the ground that the development is not conformity with any Master Plan or Zonal Development Plan prepared or intended to be prepared by it, or on any other ground, such department or the local authority, as the case be, shall
- Either make necessary modifications in the proposal development to meet the objections raised by the Vice-Chairman or submit the proposals for development to the State Government for decision.
- Ghaziabad Development Authority, Ghaziabad V. Lajja Ram
- Court held that multi- storied building can be built only when it has been sanctioned by the vice chairman of the development authority.
- Power under Section 15 of the U.P. Urban Planning and Development Act, 1973 Of Every person or body desiring to obtain the permission referred to in Section 14 shall make an application in writing to the Vice-Chairman.
- The Authority shall be entitled to levy development fees, mutation charges, stacking fees, and water fees in such manner and at such rates as may be prescribed.
- On the receipt of an application for permission the Vice-Chairman after making such inquiry as it considers necessary in relation to any matter specified, shall by order in writing, either grant the permission or refuse to grant such permission.
- Any person aggrieved by the order may appeal to the Chairman against that order within thirty days from the communication.
- Where permission is refused under this section, the applicant or any person claiming through him shall not be entitled to get a refund of the fee paid on the application for permission but the Vice-Chairman may, on an application for a refund being made within three months of the communication of the grounds of the refusal direct refund of such portion of the fee as it may deem proper in the circumstances of the case.
- Mohammad Aslam V. Rampur Development Authority, Rampur and another
- In the instant case, the court held that the provisions contained in this section are mandatory in nature.
SUCCESS OF THE DEVELOPMENT AUTHORITY IN UTTAR PRADESH
- The Act resulted in the constitution of the Aligarh Development Authority (ADA) with the following objectives:
- Preparation of Master Plan for Planned Urban Development.
- Development & Control as per Master Plan.
- Acquisition of Land and Management for Housing and Urban Development. Construction Housing and Development.
- Provision of Physical and Social Infrastructure.
- Further, Housing and Urban Planning Department was established to ensure the planned development of urban areas and create an enabling environment to provide affordable housing.
- UPAVP (Uttar Pradesh Awas Vikas Parishad) was established in April 1966 to work toward the housing solutions of the state. During the course of time, UPAVP has progressed with various landmarks in the field of housing. Besides normal housing projects board has diversified its activities to planning, designing, construction, and developing almost all types of urban development projects throughout the state of Uttar Pradesh.
- The “Uttar Pradesh Development Authorities Finance & Accounts Manual, 2002” conceived, designed, and developed by Awas Bandhu is a stepping stone in the annals of financial management, Subsequently, due to amendments in the Tax Laws the revised “Uttar Pradesh Development Authorities Finance and Accounts Manual, 2004” has also been prepared by Awas Bandhu.
- The Auditing of development authorities are being carried out by the central audit department, which highlights the financial irregularities of the authorities, and the system of Management Auditors is introduced by Awas Bandhu to cater to the remedial need of the authorities and to inform about the overall health of the authority to the responsible officer to take timely decisions.
Through efficient planning & better utilization of available resources, the Development Authorities have been able to play a greater role in urban development by implementing various development projects such as housing, roads, flyovers, metro rail, etc. But unfortunately, there are the following loopholes:
- The lack of planning encouraged uncontrolled development which resulted in urban problems, such as a high density of population in residential areas, and an increase in mixed and irregular land use.
- Lack of clear division of responsibilities among the members often leads to a multiplicity of the role and over-lapping functions resulting in wastage of time and resources, thus duplication of work & long delay in project implementation.
- Lack of coordination results in poor decisions making & delays in the implementation of development plans.
- Urban development is a time-consuming and expensive process. It requires joint efforts between organizations, institutions, and individuals. It requires major funding by governments, corporations, and individuals.
- Development projects are highly capital intensive and funding is considered a major impediment in achieving the infrastructure goals.
- Most of the projects suffer from delays in completion. This is mainly due to an inadequate regulatory framework and inefficiency in the approval process.
Development Authorities have played an important role wherein the state had to play a major role in providing basic public infrastructure, housing, and industrial development.
The success of any development plan depends on the quantum of proposals being implemented and the acceptability of the habitants without any confrontation and how many of the expectations and aspirations of residents are fulfilled.
The level of provision of adequate physical and community infrastructure and improvement of quality of life is the index of success of any development plan. Thus, to fulfill the aspirations of a growing population and provide futuristic public infrastructure, development authorities need to focus on the following points:
- There is a dire need for accurate physical, social, economic, and transport surveys to prepare a practically implementable Master Plan for which modern technologies, like the use of GIS, and remote sensing, should be used and the Master Plan should be based on accurate data.
- Objectives should be clear and easily understandable to common men.
- There is a need for evaluation of the plan before actually finalizing and after implementation regularly at certain intervals on various parameters which were the main causes of no implementation of proposals of Master plans.
- Social acceptability, whether the proposals are socially acceptable through social impact assessment, social cost-benefit analysis.
- The Master Plan should propose a Policy and detailed Procedure.
- A drive is required to address the public and make them aware of the benefits of properly following the Master Plans, zonal plans, and bye-laws.
- Support of police and city administration is direly required in order to properly make the public follow the Regulations.
- A small court with high-level jurisdictions in the matters of urban development should be established within the development authority domain to finalize the legal cases/matters immediately.
- Create an effective platform for networking and sharing knowledge with stakeholders.