ERES Conference, 2009, Stockholm Real Estate Development and Management- Key Concerns of Spatial Planning

1. ERES Conference, 2009, StockholmReal Estate Development and Management-Key Concerns of Spatial Planning Quest for Sustainability of Urban Settlements: A case Study of Haryana Sub-region of National Capital Region, Delhi, India K. Surjit Singh Secretary General-cum-Director General Institute for Spatial Planning and Environment Research, India, Panchkula(Chandigarh)

2. Urban Planning- AS we Understand • A means of guiding the design and regulation of the uses of urban space, location of different activities with a focus on physical form, economic functions, and social impacts of urban environment. • Since urban planning draws upon engineering, architecture, social and political concerns, variously it is: • An endeavour involving political will, public participation, • A technical profession, • And academic discipline.

3. Urban Planning requires understanding of • In Urban Planning important to understand are: i . the geographic environment, social composition/ stratification and economy. ii. Based on this trinity ruling human settlement, great service of Art and Architecture in personification of human imaginations and the engineering are providing a great service to the planned settlement and its sustainability. • To achieve and maintain order or discipline in urban regime, planning legislation plays a vital role.

4. Urban Planning Concerns Issues especially concern: • The recognition of inviolative public interest • And how to determine: • Physical and Social character of the city, • Possibility of achieving change in accordance with consciously determined goals, • The extent to which consensus on goals is attainable through communication, • The role of citizens versus public officials and private investors in shaping the city, • And a methodology for “rational model” of decision making.

5. Urban Planning – A Participatory Approach • Extent to which planning involves public participation reflects the degree of democracy enjoyed; Where Government is authoritarian so is Spatial Planning. • In a more participatory framework, role of planner changes from expert to that of mediator among different groups, or “stakeholders.” • Planners responsible for economic development behave much like business executives engaged in marketing. • They promote their cities to potential investors and evaluate physical development in terms of its attractiveness to investments and its potential to create jobs, rather than by its healthfulness or conformity to a futuristic Master Plan. • Such planners work to achieve Development Agreements with builders and firms that will contribute to local economy.

6. Planning and Sustainability - Dilemma Urban human settlement like human body is complex in form, structure and functions so is its planning, intricate in manifestations difficult to go with the system of planned development under the given frame of law, enacted from time to time, dominance of vested interest over the public interest and given to new the Government, the lever of review each time. (quest will continue…..)

7. Urban Planning an Art: As we Understand • Lord Justice Scott observed “Town Planning is an Art of which Geography is the Science”. • An Art of intertwining all conditions, circumstances and influences that make a human settlement to grow and sustain and interlacing these factors to provide earth as base offering opportunities to different players of urban development and prospective investors.

8. Formation of National Capital Region (NCR): Germane of Master Plan Delhi • Delhi experienced phenomenal decennial population growth since 1951 recording 52.44%, 52.91%, 52.98%, 51.45% and 47.03% during 1951-61, 1961-71, 1971-81 and 1991-2001, respectively. • However, post independence, it was observed that if Delhi continues to grow unabated, problems of land, housing, transportation and management of essential infrastructure would become more acute. It was this concern, the need for planning Delhi in regional context was felt. 1956: Interim General Plan suggested that serious consideration should be given to a planned decentralization to areas even outside Delhi region. 1961: A High Powered Board was set up under Union Minister for Home Affairs. 1962: Delhi Master Plan was published that emphasized Planning of Delhi in regional context.

9. Formation of National Capital Region: Germane of Master Plan Delhi • 1973: High Powered Board reconstituted under Union Minister for Works and Housing • 1985: Enactment of the National Capital Region Planning Board Act by the Union Parliament, with the concurrence of the participating States of Haryana, Rajasthan and Uttar Pradesh, NCR Planning Board was constituted. • With continuing population growth trends, the projected population of National Capital Territory, Delhi by 2011 and 2021 would be 18.20 million and 22.50 million persons, respectively. • To maintain the sustainable growth of Delhi, NCR is the base for future investment opportunities.

10. Master Plan Delhi And NCRPB Act, 1985 • Vision-2021:Master Plan is to make Delhi a global metropolis and a world-class city, where all people would be engaged in productive work with a better quality of life, living in a sustainable environment. • As a follow up of the Regional Plan-2021 published in 2005 and in consonance with Section 17 of the National Capital Region Planning Board (NCRPB) Act, 1985, a Sub- Regional Plan for Delhi is to be prepared by Government of NCT-Delhi and other constituents and states.

11. Applicability of NCRPB Act, 1985 CHAPTER VII (MISCELLANEOUS) • 27. Act to have overriding effect. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act; or in any decree or order of any court, tribunal or other authority. • 28.Power of the Central Government to give directions The Central Government may, from time to time, give such directions to the Board as it may think fit for the efficient administration of this Act and when any such direction is given, the Board shall carry out such directions.

12. National Capital Region-Delhi Haryana Sub-Region India Delhi Haryana National Capital Region

14. W P Expressway E P Expressway

16. Policy Zones and Development Parameters • These Zones are the out come of the Aim to promote growth and balanced development of NCR as laid down in Section 10 of NCRPB Act, 1985. • To achieve the aim Regional Plan 2021 the listed seven parameters: i.Promoting growth and balanced development of the whole region through providing economic base in the identified major settlements (Metro Centres/Regional Centres) for absorbing economic development impulse of Delhi Contd…

17. Policy Zones and Development Parameters ii. Providing efficient and economic rail and road based transportation network integrated with land use patterns. • Minimizing the adverse environmental impact that may occur in the process of development. • Developing selected urban settlements with urban infrastructure comparable with Delhi. • Providing a rational land use pattern in order to protect and preserve good agriculture land. • Promoting sustainable development and quality of life. • Improving efficiency of existing methods of resource mobilization & facilitate, attract, and guide private investments in desired directions.

18. Development Through Four Policy Zones • NCT Delhi, • Central National Capital Region, • Highway Corridor Zone, • Rest of NCR For Haryana Three Zones 1. Central National Capital Region this terminology is a substitution of DMA and includes the Controlled areas of Gurgaon–Manesar Complex , Faridabad-Ballabgarh complex, Bahadurgarh, Sonipat- Kundli Multi-Functional Complex and extension of the ridge. 2. Highway Corridor Zone that includes all the national Highways and State Highways with green buffer of 500 mtr along NH and 300 mtr along state highway. 3. Rest of NCR that is Excluding the area of CNCR and Highway Corridor Zone

20. Proposed Six Tier Hierarchy of Settlements

22. SEZ Act, 2005 – An Invasion 3. (1) A Special Economic Zone may be established under this Act, either jointly or severally by the Central Government, State Government, or any person for manufacture of goods or rendering services or for both or as a Free Trade and Warehousing Zone. (2) Any person, who intends to set up a Special Economic Zone, may, after identifying the area, make a proposal to the State Government concerned for the purpose of setting up the Special Economic Zone. (3) Notwithstanding anything contained in sub-section (2), any person, who intends to set up a Special Economic Zone, may, after identifying the area, at his option, make a proposal directly to the Board for the purpose of setting up the Special Economic Zone: • Provided that where such a proposal has been received directly from a person under sub-section 3, the Board may grant approval and after receipt of such approval, the person concerned shall obtain the concurrence of the State Government within the period, as may be prescribed.

23. SEZ Act, 2005 – An Overriding Act • 51. (1) Act to have overriding effect. • The provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act.

24. Impact of SEZ Act, 2005 • After having put in about 7 years’ hard work in finalizing NCR Plan 2021, SEZ Act 2005, having precedence over all other connected enactments of Parliament or of the state legislatures has finished the relevance of Regional Plan, 2021. • Being in continuity of the National capital and having investment potentials in real Estate Development, Haryana Sub-Region and NCT Delhi are the Worst hit by this Act of Parliament so far as integrated futuristic sustainable planning is concerned. • No concern has been shown to the resource assessments reflected in the Regional Plan and environmental deterioration on account of resultant resource crunch and traffic congestions that will be generated in the national capital • SEZs within NCR will not only strangulate NCT Delhi will also catapult all proposals, projections and plan approvals , 2021.

25. Creation of New Investment Centres After the Publication of Regional Plan-2021 • A 135.6 KM long Access Controlled KMP Expressway opened up as a Global Corridor and areas for theme parks and Industrial Model Townships identified enroute. • Realty developers, at strategic locations, became hyper active in property transactions as future investments. • This PPP project was awarded in 2005 and to be completed by Sept. 2009, hardly 20% of the total works is completed and is locked in legal battle.

26. NCR : Haryana Sub-region New Investment Opportunities KUNDLI-SONIPAT 1. Education City (2024 Hectares) NH-10 2. Sampla Township(5558 Hectares) 3. Cyber City (226 Hectares) 4. Bio-Sciences City( 1083 Hectares) 5. Medi City (378 Hectares) IMT KHARKHAUDA IMT ROHTAK NCT DELHI 6. Jahangirpur-Badli Township (6073 Hectares) RELIANCE SEZ 7. Fashion City (550 Hectares) 8. Entertainment City (755 Hectares) 9. World Trade City (263 Hectares) PALWAL -FARIDABAD CORRIDOR IMT MANESAR SOHANA-NUH 11. Leather City (202 Hectares 12. Leisure City (759 Hectares) NH-8 PALWAL DLF 10. Dry Port City (291 Hectares) PALWAL GRAND TOTAL 18162 Hectares KUNDLI-MANESAR-PALWAL EXPRESSWAY

27. Realty Development and Management Law and the Policy • The earth as a base has always been a bone of contention concerning its title, right to hold, acquire or sold. • Public sector draws strength from the Land Acquisition Act, 1894 to acquire private property for a public purpose, • The policy says if the land is held before the issue of notification declaring the intent of acquiring the land, the land holder is eligible to seek development and estate management licence. • Land development policy permits Collaboration Agreement between the developer and the land holder for jointly seeking land development licence. • Since land is held by the owner before the notification of intent, it is the easiest way of procuring land at a rate higher than the rate assessed by the Collector. • A nexus is build between the realtor and the land holder to scuttle public interest and permit the vested interest to prevail. • In any growing economy where a sizeable section of society is below poverty line such a nexus is a disservice to the nation by advocating private initiative or involving private sector in infrastructure development in this manner.

28. Opportunities Galore – A must careful Choice: The summing Up • Dr. Gurdev Singh Gosal Emeritus Professor of Geography has aptly observed, • “After all, historical events do not take place in the air, their base is always the earth. For proper understanding of history, therefore, the base, that is the earth, must be known closely. The physical earth and the man living on it in their full, multi-dimensional relationships constitute the reality of the earth. There is no doubt that human ingenuity, innovations, technological capabilities and aspirations are very potent factors in shaping and reshaping places and regions, as also in giving rise to new events, but the physical environmental base has its own role to play”.

29. Some Issues of concern • Is it advisable, after having finally published the Regional Plan dovetailing on the development programmes of the constituent states by 2021 in the year 2005, the new investment opportunities at places not figuring in Regional Plan 2021? • Will the new investments in real estate sustain in a state that has no perennial water resources for drinking water supply and outsources hydropower from power generating states? • Will it be advisable to divert canal based agricultural irrigation water for urban use by a state second largest contributor of food grains to the central pool after Punjab?

30. Sustainability Crave Support of • A responsive public sector and responsible private developer and the vice-versa, • A careful restrain of the prospective investors where new opportunities are generated for investment in a regime of land uses documented, published and frozen after hearing public objections and suggestions, • Public interest with precedence over the vested interest to ward off pressure of individuals.

31. THANK YOU