development plan and environment: a case of ahmedabad. master of planning dissertation by - rohit...

8/12/2019 Development Plan and Environment: A Case of Ahmedabad. Master of Planning Dissertation by - Rohit Nadkarni

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ACKNOWLEDGEMENTS

I would like to express my heartiest thanks to the persons without help of whom it would neverbecome possible to accomplish this work.

First of all, I take this opportunity to express my deep gratitude to my guide Dr. Shrawan K.

Archarya, for the enthusiastic and motivating attitude and kind as well as keen interesthe invoked

for the present study.

I am grateful to Dr. R. Parthasarathy, Chairman, Dissertation Committee and all faculty of School

of Planning, CEPT for giving valuable suggestion throughout the course of study.

I would also like to express my sincere thanks

I would also like to express my sincere thank to the following officials, offices and Individual for

helping me in their best possible capacities with access to information/data, which proved

invaluable in completing this study.

Mr. Hansal Shukla, Town Planner, AUDA.

Mr. H. N. Thakker, Deputy Town Planner, AUDA. Mr. N. M. Baleva, City Planner, AMC.

Mr. R. J. Rawal, Planner, AMC.

The Entire staff of AMC and AUDA.

I am very much thankful to my friends and colleagues Amit Mistry, Abhinav Garg, Vibhu Jain, Uvika

Gupta, Vishal Dubey, Atul Bhalodia and Dharmesh Katalia for their timely help and encouragement

during the course of the study and the great batch of 2004 School of Planning for their friendship

and all the good times in the last two years and for all that I have learnt from them. I would alsospecially like to thanks my junior batch of 2005 School of Planning for their constant

encouragement and moral support during the course of the study.

Finally, I would like to express sincere thanks to my parents for their moral support and more

importantly in terms of their consistent hard work and commitment to provide me every possible

support for my education so that I can complete my studies without much of constraints.


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Development Plan and Environment: A Case of Ahmedabad

hi dk i 1004 S h l f l i C 1

Table of Content

Table of Content....................................................................................................................1

Abbreviations ........................................................................................................................4

List of Tables .........................................................................................................................5

List of Figures and Maps ......................................................................................................5

Executive Summary ..............................................................................................................6

CChhaapptteerr11.. IInnttrroodduuccttiioonn........................................................................................10 1.1.Introduction ...................................................................................................................10

1.2.Rationale ........................................................................................................................10

1.3.Central Argument ..........................................................................................................11

1.4.Research Questions......................................................................................................11

1.5.Aim and Objectives of the Study..................................................................................11

1.6.Study Area. ....................................................................................................................11

1.7.Scope and Limitation ....................................................................................................11

1.8.Methodology ..................................................................................................................12

1.9.Chapter Outline .............................................................................................................15

CChhaapptteerr22.. UUrrbbaannPPllaannnniinnggaannddEEnnvviirroonnmmeennttaaHHiissttoorriiccaallRReevviieeww.................162.1.Defining Environment ...................................................................................................16

2.2.Urban planning and environment- Acts and Regulations..........................................16

2.2.1.Indian Scenario ......................................................... ...................................................... 17

2.3.Summary........................................................................................................................24

CChhaapptteerr33.. PPllaannnniinnggffoorrUUrrbbaannDDeevveellooppmmeenntt....................................................27 3.1.Planning instruments/ Plans ........................................................................................27

3.1.1.Other Planning Instruments/ Plans............................................................... ................... 27

3.2.Development Plan .........................................................................................................29

3.2.1.Environment in Development Plan .............................................................. .................... 29

3.2.2.Environmental Priority in Development Plan .................................................................. 30

3.3.Environmental Impact Assessment (EIA)....................................................................31

3.4.Strategic Environmental Assessment (SEA) .............................................................. 31

3.5.EIA vs. SEA....................................................................................................................32

3.6.Urban Planning in India and issues............................................................................. 33

3.6.1.Urban Planning in India ............................................................... .................................... 33

3.6.2.The 74th Constitutional Amendment Act 1992 (74th CAA) ............................................. 33

3.6.3.The Development Plan/ Master plan ............................................................. .................. 34


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3.6.4.Environment Problem in Urban Planning ........................................................ ................ 36

3.6.5.New Approach in Urban Planning .......................................................... ......................... 36

3.6.6.Cost of Planning ...................................................... ........................................................ 37

3.7.Conclusion.....................................................................................................................37

CChhaapptteerr44.. EEnnvviirroonnmmeennttaannddUUrrbbaannDDeevveellooppmmeennttPPllaannss .......................................... 384.1.Introduction ...................................................................................................................38

4.2.London Plan 2004..........................................................................................................38

4.2.1.The Process for Preparing the Plan ................................................................ ................ 38

4.2.2.Time Influenced Change ................................................................. ................................ 39

4.2.3.Growth of London ................................................................ ............................................ 40

4.2.4.Sustainable Development......................................... ....................................................... 40

4.2.5.The Mayors Vision ............................................................ .............................................. 40

4.2.6.Vision to Objectives .......................................................... ............................................... 40

4.2.7.Forces Driving Change in London ............................................................. ...................... 41

4.2.8.The Broad Sustainable Spatial Development Strategy.................................................... 41

4.2.9.Living in London .................................................... .......................................................... 41

4.2.10.Promoting Environmental Industries............. ................................................................. 41

4.2.11.Sustainable Transport in London............................. ...................................................... 42

4.2.12.Improving Londons Open Environment .............................................................. .......... 42

4.2.13.The Crosscutting Policies ................................................................ .............................. 42

4.2.14.Implementing the London Plan....................................................................... ............... 44

4.2.15.Monitoring and Review of this Plan ........................................................................ ....... 45

4.2.16.Environmental Consideration in London Plan............................................................. ... 45

4.3.The Case of Master Plan Delhi 2021 ............................................................................ 46

4.3.1.The Process of Preparing The Master Plan..................................................................... 46

4.3.2.The Vision ......................................................... .............................................................. 48

4.3.3.Validity of Population Projections ................................................................. ................... 48

4.3.4.Accommodating Population for 2021................................ ............................................... 49

4.3.5.Hierarchy of Urban Development ................................................................. ................... 49

4.3.6.Redevelopment of Existing Urban Area .................................................................... ...... 49

4.3.7.Shelter ......................................................... .................................................................... 50

4.3.8.Trade and Commerce.......................................................... ............................................ 50

4.3.9.Disaster and Hazards........................................................... ........................................... 50

4.3.10.Industry.................... ................................................................. ..................................... 50

4.3.11.Environment ............................................................. ..................................................... 51

4.3.12.Natural Resource................................................... ........................................................ 51


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4.3.13.Physical Infrastructure ............................................................... .................................... 52

4.3.14.Monitoring Framework for Development................................................................. ....... 53

4.3.15.Review of the Previous Plan.......................................................................................... 53

4.3.16.Other Issues Relating to Delhi Master Plan.................. ................................................. 54

4.3.17.Environmental Consideration in Delhi Master Plan 2021 .............................................. 54

4.4.Conclusion.....................................................................................................................55

CChhaapptteerr55.. DDeevveellooppmmeennttPPllaannaannddEEnnvviirroonnmmeennttCCaasseeooffAAhhmmeeddaabbaadd........585.1.Background ...................................................................................................................58

5.2.Gujarat Town Planning and Urban Development Act, 1976....................................... 58

5.2.1.Delineation of Development area ................................................................ .................... 58

5.2.2.Ahmedabad Urban Development Authority ............................................................... ...... 59

5.2.3.Content of a Draft Development Plan under Section 12 of the Act.................................. 60

5.2.4.The Development Plan Making Mechanism ......................................................... ........... 61

5.3.Environment and Development Plan Ahmedabad......................................................63

5.3.1.Environmental Issues in Ahmedabad ............................................................ .................. 64

5.3.2.History of Development Plan in Ahmedabad ................................................................... 65

5.3.3.Revised Draft Development Plan 1997 ............................................................. .............. 69

5.4.City Development Strategy (CDS) Ahmedabad...........................................................85

5.5.City Development Plan (CDP) Ahmedabad ................................................................. 86

5.5.1.City Development Plan Preparation Process................................................. .................. 86

5.6.City Development Plan and City Development Strategy............................................87

5.7.Inferences and Findings ...............................................................................................87

CChhaapptteerr66.. CCoonncclluussiioonnssaannddPPrrooppoossaall...............................................................94 6.1.Conclusions...................................................................................................................94

6.2.Proposal......................................................................................................................... 95

6.2.1.The Plan Preparation....................................................... ................................................ 95

6.2.2.The Development Plan Document and its Components.................................................. 97

6.2.3.Implementation, Monitoring and Review.......................................................... .............. 100

References.........................................................................................................................102

AppendixAppendix A- Urban Planning and Environment- Acts and Regulations

Appendix B- The Constitution of India- Article 243

Appendix C- Content of London Plan 2004

Appendic D- Content of Delhi Master Plan 2021


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Abbreviations

AMC Ahmedabad Municipal Corporation

AUDA Ahmedabad Urban Development Authority

CDP City Development Plan

CDS City Development Strategies

CPCB Central Pollution Control Board

DOE Department of Environment

EA Environmental Assessment

EIA Environmental Impact Assessment

EPA Environment Protection Act

FOP Financially Operational Plan

GDCR General Development Control Regulation

GHB Gujarat Housing Board

GLA Greater London Authority

HSDC Health Survey and Development Committee

JNURM JawaharIal Nehru National Urban Renewal Mission

NCEPC National Committee on Environmental Planning and Coordination

NCEP National Committee on Environmental Planning

NEP National Environment Policy

NWMC National Waste Management Council

MPD-2021 Master Plan Delhi 2021SEA Strategic Environmental Assessment

TPS Town Planning Scheme

UDPFI Urban Development Plans Formulation and Implementation

ULC Urban Land Ceiling Act

UN United NationWMCs Waste Minimization Circles

74th CAA 74th Constitution Amendment Act


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List of Tables

Chapter 1Table 1.1. Nature and Sources of information for the Study

Chapter 2

Table 2.1. Structure Basis of Environmental LawsTable 2.2. Urban Planning and Environment India- The PhasesTable 2.3. Acts/ Regulation and Policies to be Incorporated in the Development PlanTable 3.2. EIA vs. SEA

Chapter 4Table 4.1. Plan PreparationTable 4.2. Environmental Component in the PlanTable 4.3. Implantation and Monitoring

Chapter 5Table 5.1. Landcover ComparisonTable 5.2. Development plan in Ahmedabad till DateTable 5.3. Existing and Proposed Land use of AUC area (Excluding AMC)Table 5.4. Existing and Proposed Land use of AMC areaTable 5.5. Summary of the Preparation Process of the Development PlansTable 5.6. Environmental Components in the PlansTable 5.7. Implementation and Monitoring

List of Figures and Maps

Chapter 4Figure 4.1. London plan preparation processFigure 4.2. Main Sphere of Influences of the London PlanFigure 4.3. Delhi master plan preparation process

Chapter 5Image 5.1. Satellite Image ClassificationsMap 5.1. AUDA Proposed Landuse 2011 PlanMap 5.2. Growth Centers in Ahmedabad Urban Development AreaFigure 5.1. The Development Plan Making MechanismFigure 5.2. The draft development plan 1997 preparation processFigure 5.3. Detail Methodology for Preparation of the Development PlanFigure 5.4. Depletion of Water Table

Figure 5.5. City Development Plan Preparation ProcessChapter 5

Figure 6.1. Proposed Framework for Plan PreparationFigure 6.2. Framework for the Development Plan DocumentFigure 6.3. Framework for Implementation, Monitoring and Review


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Executive Summary

IntroductionAhmedabad is the largest city of Gujarat and the sixth largest of India. Gujarat became a state in

1960 and Ahmedabad was its capital. In 1970, the state capital was shifted to Ghandhinagar, but

Ahmedabad still retains the status of trade capital of Gujarat. During the course of time, to guide the

growth of this city, Development Plans were prepared under a legal backing of a Town Planning

and Urban Development Act of the state. It been almost two decade since the first Development

Plan was implemented and recently in 2003 the revised Development Plan of Ahmedabad for 2011

was approved by the State Government. Today Ahmedabad is counted amongst the most polluted

cities in India, due to this the Development Plans contribution towards the city environment is

becoming a concern. Hence this study is an attempt to understand the overall Development Plan

process and the extent of environmental consideration in the Development Plan. It also tries to look

at the Development Plans/ Master Plans of cities in other geographical locations and extend of

environmental consideration in those plans e.g. London and Delhi. Through this process identify

the lacuna in the present development planning process of Ahmedabad and suggest changes to

ensure a better incorporation of environment and hence improving the overall environment of the

City.

Rationale

A Development Plan should address sustainable development at the local level while reflectingstate, national and international goals. Decisions should be based on the best possible scientific

information and analysis of risks, in order to prevent or reduce the likely significant impact of plan

on the environment. But this is not the case in reality, most of the development only mention

environment in their aim, scientific studies are also conducted to some extent, but the proposal is

based primarily on the basis of economic criteria. Environment consideration only occurs at project

level where E.I.A has to be conducted.

E.I.A of projects has been criticized on the ground, that because it is a response to a specific

development proposal, it may not address some wider or more fundamental considerations such as

alternative solutions or strategic location issues. Neither can it fully appraise the cumulative impact

of number of proposals, especially when they are individually too small. Increasing sensitivity

towards environmental issues in a Development Plan during the planning stage can help to address

these matters by considering alternative strategies or land uses and by considering the overall

environment effects of implementing plan. There is a need for clarity at preparation stage showing

how environmental issues have been taken into account and hence reduce the strategic


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environmental effects and therefore there is a need to evolve a new framework that increases the

environmental credentials and ensures an environmentally sensitive Development Plan.

MethodologyThe methodological structure was worked out in the following way-

ConclusionsOver time with the increasing environmental problem in cities, various attempts were made to

protect and prevent environmental deterioration. In India, today there are about 200 legislation,

policies and regulation to protect environment and many more yet to come. Even after existence of

all these planning and protective laws, the environment of cities in India is deteriorating. City like

Ahmedabad have been preparing Development Plan for past two decades and hence the

Development Plans contribution towards its environment is becoming a concern. From the study it

Initial Literature Review

Formulation of the stud - Develo ment Plan and Environment: A case of Ahmedabad

Definin Aim and Ob ective

Objective1 - Study thehistory of urban planning

and environment

Objective 2- identifydifferent available planning

instrument and the evolvingissue in urban planning

Objective 3- Understand thelevel of environmentalincorporation in the statutoryplan of other influential cities

Objective4 -Understand to what extent and how effectivelythe existing environmental issues and concerns areaddressed in the Development Plan of Ahmedabad

Aim- Develop a framework for preparing an environmentally sensitive Development Plan, for thecase of Ahmedabad

Detail Literature Review

Issues

London Plan

Delhi Master Plan

Acts, Regulation andPolicies to be incorporatedin the Development Plan to

protect Environment

Environmental Consideration


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is unmistakably evident that lack of environmental consideration in the statutory Development Plan

is partly responsible for the environmental deterioration in the Ahmedabad.

The London Plan and Delhi Master Plan have tried their best to incorporate their respective

environmental issues in the Plan, while the Development Plan of Ahmedabad only talks about the

environment as a part of its aim, but this aim doesnt reflect much in the Development Plan; apart to

it concern about air and water pollution. Around the globe the environmental emphasis has

changed because of the realization that environmental considerations should not be limited to

concerns about just pollution control but should be more positive in aiming to create more

comfortable, pleasant and stimulating surroundings natural and manmade environments.

All the Plans considered for the study were prepared in different point of time, the Ahmedabad

Development Plan was prepared in 1997, London Plan in 2004 and Delhi Master Plan in 2005,

hence it is not actually desirable to compare London Plan and Delhi Plan with Ahmedabad

Development Plan. But after comparing the last two Development Plans of Ahmedabad (1981 and

1997), it can be concluded that the attitude towards environment in Ahmedabad have not changed

for more than a decade. Planning is a continuous process, with time new issues emerge and new

legislations are enacted to protect environment. The Development Plan is a long term plan and

hence it cant afford to be static and rigid, it needs to be continues process where there should be

timely incorporation of the emerging issues and the new legislations in the Development Plan.

The development planning process of Ahmedabad needs to be more democratic, like the case of

London Plan. Ahmedabad Development Plan needs to incorporate the public consultancy

mechanism before preparing the Plan. The public consultancy will help the development authority

to make the whole planning process more participatory and will help to understand the citizens

aspiration towards the city. Through the consultancy process a vision of the city can be proposed

with public and authorities co-operation. Apart from this, the duration two month for public

inspection of the Development Plan is inadequate to serve the purpose within the mention time,

while the citizens of London and Delhi get a period of 3 month for public inspection, in order to raise

objection and suggest changes.

The content of the Draft Development Plan in town planning act needs to be review since there are

certain changes required in it. The environmental components should be given more importance in

the content, which will help to preserve and protect the environment of the area. Although a

significant amount of time and resource are spent, AUDA still does not have a comprehensive, up

to-date database, environmental components are not addressed explicitly and study maps do not

cover all ecological characteristics. The whole planning process is affected due to lack of up-to-date


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base maps, and limitations of data create difficulties in quantifying and assessing the existing

situation. Hence there is a need to build a good accurate and reliable data base for the city. Apart

from building good accurate database and maps, there is also a need to address the current

environmental issues in the Development Plan. This would help in making the Development Plan

more sensitive towards the environment and will protect and enhance the environment of the

Ahmedabad.

Preparing an environmental sensitive Development Plan is the first step, but there is also required

that the Development Plan is properly implemented within the plan period. Like the areas proposed

to be developed as open space in the Development Plan 1987 have not been implemented and

thus have now been encroached upon by unauthorized development often leading to uncontrolled

and haphazard development. This is due to either lack of will shown by the authority to implement

the plan or due to financial constrain. There is a need to set up a monitoring unit to monitor both the

implementation of the plan and the functioning of the authority and publishes a performance review,

which would help in making timely adjustment in the plan. There are even problems in caused due

to delay in sanctioned Development Plan/ town planning schemes by government. Like the

Development Plan prepared in 1997 was sanctioned in May 2002. Sanctioning of the Plan is a

political issue and looking at the present political system it a difficult proposition to expect any

speedy sanction.

Development Plan is an important mechanism for development of the urban areas, but in real life

development is taking place on it own without any concern for the plan. Hence the Development

Plan remains a costly piece of document which doesnt consider environment and the need of the

area and the people. Hence present environmental problem of Ahmedabad is partly due to lacuna

in the development planning system. Based on the lacunas identified in the study, an attempt is

made to prepare a framework for preparing an environmentally sensitive Development Plan.


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CChhaapptteerr11..IInnttrroodduuccttiioonn1.1. Introduction

The dissertation looks at Development Plan and the development planning process of Ahmedabadand tries to understand the extent of environmental consideration in it. A Development Planenvisages the entire town/urban area as a single unit. Development Plan is necessary to achieveoverall development of the town/urban area in an integrated and co-ordinated manner. Thedevelopment or expansion of a town takes along time, and therefore the development is required tobe regulated in time on the basis of a plan. A Development Plan is thus a blue print of the variousproposals that are intended to improve the existing conditions and to regulate the future growth ofthe town in a coordinated manner.

Ahmedabad is the largest city of Gujarat and the sixth largest of India. Gujarat became a state in1960 and Ahmedabad was its capital. In 1970, the state capital was shifted to Ghandhinagar, but

Ahmedabad still retains the status of trade capital of Gujarat. During the course of time, to guide the

growth of this city, Development Plans were prepared under a legal backing of a town planning andurban development act of the state. It been almost two decade since the first Development Planwas implemented and recently in 2003 the revised Development Plan of Ahmedabad was approvedby the state Government. Today Ahmedabad is counted amongst the most polluted cities in India;due to this the Development Plans contribution towards the city environment is becoming aconcern. Hence this study is an attempt to understand the overall Development Plan process andthe extent of environmental consideration in it. It also tries to look at the Development Plans/Master Plans of cities in other geographical locations and extend of environmental consideration inthose plans e.g. London and Delhi. Through this process identify the lacuna in the presentdevelopment planning process of Ahmedabad and suggest changes to ensure a betterincorporation of environment and hence improving the overall environment of the City.

1.2. Rationale

A Development Plan should address sustainable development at the local level while reflectingstate, national and international goals. Decisions should be based on the best possible scientificinformation and analysis of risks, in order to prevent or reduce the likely significant impact of planon the environment. But this is not the case in reality, most of the development only mentionenvironment in their aim, scientific studies are also conducted to some extent, but the proposal isbased primarily on the basis of economic criteria. Environment consideration only occurs at projectlevel where E.I.A has to be conducted. If one goes through E.I.A Notification 15thSeptember 2005 itcovers entire range of projects which land use decision are taken at Development planning stage.

E.I.A of projects has been criticized on the ground, that because it is a response to a specificdevelopment proposal, it may not address some wider or more fundamental considerations such asalternative solutions or strategic location issues. Neither can it fully appraise the cumulative impactof number of proposals, especially when they are individually too small. Increasing sensitivitytowards environmental issues in a Development Plan during the planning stage can help to addressthese matters by considering alternative strategies or land uses and by considering the overallenvironment effects of implementing plan. Therefore there is a need for clarity at preparation stageshowing how environmental issues have been taken into account and hence reduce the strategicenvironmental effects. Projects E.I.A should be seen as a positive contribution to the planningprocess and the findings can be feed into the next review of the Development Plan provided theresults are well founded. Therefore there is a need to evolve a new framework that increases the

environmental credentials and ensures an environmentally sensitive Development Plan.


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1.3. Central Argument

The present deterioration of the city environment in Ahmedabad is due to lack of environmentalconsideration in the statutory Development Plan prepared so far.

1.4. Research Questions1. What is the history of urban planning and environment in India and what are the important

act and regulation for protecting the environment?2. What are the urban planning instruments available today and what are the evolving issues

in development planning exercise3. What environmental considerations are made in statutory city plan prepared by cities in

different geographical area?4. To what extent is environment considered in Ahmedabad Development Plan?5. What are the issues and environment component that need to be considered in a

Development Plan to make it more sensitive towards environment?

1.5. Aim and Objectives of the StudyAim of the study- To develop a framework for preparing an environmentally sensitiveDevelopment Plan, for the case of Ahmedabad.Objective of the study In order to achieve the aim following objective should be achieved-

1. Study the history of urban planning and Environment in India, and to identify important actsand legislation for protection of environment.

2. To identify the different available instrument for urban planning and to understand theevolving issues in development planning exercise.

3. To understand the extent/ level of environmental incorporation in statutory Development /

Master Plans of other influential cities in different geographical areas.4. Understand to what extent and how effectively the existing environmental issues or

concerns have been addressed in the Development Plan of Ahmedabad and understandits implementation mechanism.

1.6. Study Area.

Ahmedabad, the biggest City of Gujarat, lies on 2301' North Latitude and 72037' East Longitude onthe bank of River of Sabarmati. It is one of the most rapidly growing urban centre of Gujarat andbeing the trade capital it has a lot of industrial development within and around it. Along with theindustrial development and the increasing population load on the city, the environment of the cityhas deteriorated. Till date Ahmedabad urban authority have prepared two Development Plans, thepresent system of preparing the Development Plan needs revival and there is a need ofincorporating environmental consideration to prevent the present deterioration and to furthersensitize the development planning process and minimize the environmental damage. Thereforeconsidering the case of Ahmedabad the study tries to develop a framework for preparing anenvironmentally sensitive Development Plan.

1.7. Scope and limitation

A Development Plan is prepared under a legal backing of a town planning act of the state. Soconsidering the state of Gujarat and by the Gujarat Town Planning and Urban Development Act,1976, the environmental consideration in the Development Plan of Ahmedabad is assessed. This

work is based on review of Development Plan documents of Ahmedabad and other related


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literature. The statutory city plan of influential cities in different geographical location -like Delhi(capital city of India) and London (A lot of Indian town planning act is based on British acts) will beconsidered for understanding the Environment status in their statutory city plans. The study focuseson developing a Framework for preparing an environmentally sensitive Development Plan.To further strengthen the study, it would have been desirable to take up more case studies, but due

to time limitation and availability of data/ literature only Delhi and London Development/ MasterPlan were taken up for the purpose of the study.

1.8. Methodology

The methodological structure was worked out in the following way-Stage 1. Formulation of the project.FormulationGujarat Town Planning and Urban Development Act, 1976 provides the legal mechanism forpreparing the Development Plan for the city of Ahmedabad. After reviews this act the certainshortfalls in the Content of a draft Development Plan under section 12 of the act were observed.

Subsequently the Revised Draft Development Plan of AUDA -2011 was reviewed initially. Thedevelopment area only talks about the environment as a part of its aim, but this aim doesnt reflectmuch in the Development Plan; apart to it concern about air and water pollution. This reflects onpart of the concern authority that environment comes only while preparing the aim, but when itcomes to action, that is through proposal environment losses it importance. In the DevelopmentPlan environment is just another popular word. Based on the initial analysis of the AhmedabadDevelopment Plan and after going thought the Development Plans of European counties (London,Scotland etc) which consider environment as an important component of the plan, a need was feltfor sensitizing the Development Plan of Ahmedabad towards environment and hence help inreducing the environmental damage. Based on this the aim and objectives of the study wasformulated.

Research approachStep 1

After the initial literature review of the available Ahmedabad Development Plans and relateddocuments, it was realized that there is a need for preparing a comprehensive history of the urbanplanning and environment in India. Based on the urban planning and environment history the citiesfor case studies were identified and the present mechanism provided by legislation and judiciary forenvironmental protection were listed, in order to incorporate it in the Development Plan.

Step 2With time the urban planning process have gone through various changes, cities around the worldhave innovated new instruments for planning urban development. The available developmentplanning instruments were identified and the issues related to these instruments and urbanplanning was highlighted.

Step 3A detail critical analysis of the city plans in different geographical area was conducted and theenvironmental issues incorporated and their attitude towards environment was identified. A detailcritical review of the Development Plan of Ahmedabad was also conducted in order to access towhat extent and how effectively the existing environmental issues or concerns have beenaddressed in the Development Plan of Ahmedabad. Along with identification of the environmentalissues related to the Development Plan, the flaws in the implementation and monitoring mechanism

were identified.


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Step 4After identifying the issues and concerns, based on the lessons form the case study, a frameworkfor sensitizing the Development Plan towards environment will be evolved.

Stage 2. Nature and Sources of Information

Table 1.1. Nature and Sources of information for the Study

Task Data required Data source

Build a comprehensive history of

urban planning and environment.

Identify influences in Indian

planning

To identify important act for

protection of environment


Identification of planning

instruments in urban planning

Understand the evolving issues in

development planning exercise


Identification of suitable Cases

Critical rev iew of the case area

statutory city plan.

the extent of environmental

consideration


Discussions with the concerned

authorityCritical review of all the

development plan document and

Town planning Act.

Objective-1.Study the history of urban planning and Environment in India, and to identify important acts

and legislation for protection of environment.

Objective-2.To identify the different available instrument for urban planning and to understand the

evolving issues in development planning exercise.

Developments Plans of

Ahmedabad published. Review indifferent magazines. Discussions

with AUDA / AMC - the agencies

involved in preparation of

Development Plan till date.

acts, rules, events, regulation,

legislation relating to environment

and urban planning -with year and

their implication.

Multiple sources from books on

urban planning on India and world/

books on environmental acts and

events/ internet sources.

Detail about the instruments, their

use, status and their issues.

multiple sources from books,

magazines and Internet sites.

Objective-3.To understand the extent/ level of environmental incorporation in statutory Development /

Master Plans of other influential cities in different geographical areas.

Objective-4.Understand to what extent and how effectively the existing environmental issues or concerns

have been addressed in the Development Plan of Ahmedabad and understand its implementation

mechanism.

Latest City Development Plan/

master plan of the case area, the

relevant town planning act/

development act.

Published plans and Act and

Internet sites.

Ahmedabad Development Plan

prepared till date. Their preparationprocess and implementation

process. Problems associated with

planning and implementation

Stage 3. Deriving conclusionand Proposals

After critical review of all the city Development Plans and identifying of all the environmentcomponents which needs consideration. All the important issues will be highlighted and theseissues will be considered while preparing the framework for sensitizing the Development Plan of

Ahmedabad.


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Figure 1.1 Structure of the Study

Initial Literature Review

Formulation of the study-

Development Plan and Environment: A case of Ahmedabad

Defining Aim and Objective

Objective1 - Study thehistory of urban planning

and environment

Objective 2- identifydifferent available

planning instrument and

the evolving issue inurban planning

Objective 3- Understandthe level of environmental

incorporation in thestatutory plan of other

influential cities

Objective4 -Understand to what extent and howeffectively the existing environmental issues and

concerns are addressed in the Development Plan ofAhmedabad

Aim- Develop a framework for preparing an environmentally sensitive Development Plan,for the case of Ahmedabad

Detail Literature Review

Issues

London Plan

Delhi Master Plan

Acts, Regulation andPolicies to be

incorporated in theDevelopment Plan toprotect Environment

Environmental Consideration


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1.9. Chapter Outline

The study Development Plan and Environment: a case of Ahmedabad. It is set out in six chapters.Chapter 1 Introduction set out the introduction of the study, rationale for the study, aim andobjectives and scope and limitation of the study. It also describes the methodology involved in thestudy.

Chapter 2- Urban Planning and Environment a Historical Review it describes the urban planningand environmental history of India. The chapter identifies the important influences in urban planningand environment and identifies important acts, regulation and policies to be incorporated in theDevelopment Plan.

Chapter 3- Planning for Urban Development it identifies the different planning instrument / plansavailable for urban planning and highlight the importance of the Development Plan and the need forenvironmental incorporation in the plan. The chapter also describes the urban planning system inIndia and discusses the issues involved in development planning.

Chapter 4- Environment and Urban Development Plans it deal with the assessing the level ofenvironmental incorporation in the statutory urban plans, of influential cities London and Delhi.

Chapter 5- Development Plan and Environment- case of Ahmedabad deal with the entiredevelopment planning process of Ahmedabad, from preparation to implementation and monitoring.Its tries to assess the level of environmental consideration in the Development Plan of Ahmedabad.

Chapter 6- Conclusions and Proposal based on the finding of the study, a framework is derivedfor preparing an environmental sensitive Development Plan for Ahmedabad.


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2.1. Defining Environment

As the well known geographer Detwyler puts it- Environment is an aggregate of external conditionsthat influences the life of an individual or population (Naik Mehul 1998).

MacGraw-Hill Encyclopedia of Environment Science defines it as follows Environment is thesum total of all conditions and influences that affect the development and life of Organism.

Environment- the term environment has been derived from the term Environ, which means tosurround, French term Environner, Latin in-viron. Thus, etymologically environment meanssurrounding conditions, circumstances effecting peoples life.1

According to Gilpin- Environment, from a scientific point of view, it is taken to mean everything thatis physical external to the organism; organisms of course include human beings.2

Justice P.N. Bhagwati (1991), has made the term Environment more clear and simple tounderstand. He opines that the term refers to the conditions within and around an organism, whichaffect the behavior, growth and development or life processes, directly or indirectly. It includes theconditions with which the organism interacts.3

The National Environment Protection Act, 1969 of U.S.A. and the Pollution Control Act, 1974 of theU.K, though were the earliest and comprehensive environment enactments, but it did not define the

technical terms. The Environmental Protection Act (EPA),1986 of India was the first to define thetechnical terms and it defines Environment- according to Section 2(a) of E.P.A, environment (a)includes water air and land and (b) the interrelationship which exists among and between (i) water(ii) air (iii) Land (iv) Human beings (v) living creatures (vi) plants (vii) micro organism (viii) property.This EPA definition embraces all biotic and a biotic components of environment, but there is acriticism that it has failed to comprehend the modern concept of environment pollution and factorswhich lead to the imbalance in ecosystem.

According to National Environment Policy 2004 of India Environment comprises of all entities,natural or manmade, external to oneself, which provide value, now or perhaps in the future, tohumankind. Environmental concerns relate to their degradation through actions of humans.

2.2. Urban planning and environment- Acts and Regulations

During the 18thand 19thcentury landscape of England was reshaped by the industrial revolutionand Industrialization was accompanied by rapid urbanization. Though towns and cities existedsince dawn of the civilization, their rapid growth started only after the industrial revolution. Thetheories and techniques adopted for urban planning underwent radical changes with the advent ofthe machine and the coming in of the automobile on the urban scene. As the problems became

1Collins, P.H. (1990), Dictionary of Ecology and the Environment, 62

2Gilpin, A. (Undated), Dictionary of Environmental terms, 51, Queensland Univ. Press.3 Justice Bhagwati, P.N. (1991), The Crucial Conditions, in Survey of the Environment, p. 165, The Hindu.


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acute, remedies were searched for and new Acts, new Amendments and new legislation and neworganizational pattern began to appear to ensure a better environment.

2.2.1. Indian Scenario

In case of India, based on various available secondary sources, the history of urban planning and

Environment was constructed. The history of urban planning and environment of India can bebroadly divided in two phases pre-independence and post independence. In fact, the country hashad a long history of environmentalism with the passage and codification of acts started from 1853during the British rule. The historical time-line of urban planning and environment constructed forIndia, based on the available secondary sources span around a 153 years till date. But even before1853, there were cities built based on planning principle like the earliest evidence of planning inIndian sub-continent was Indus valley civilization, which advanced by 2500 B.C. these cities werelaid out according to some pre-conceived plans, with high standards of public health. The people ofMohenjo-Daro and Harappa took pains to plan baths, lavatories, drains and fresh water tanks. Thisreflected their concerns for community sanitation and health (TCPO, 1996). But the base forpresent planning and environment laws/Acts to protect and prevent the environmental deteriorationstarted in 1853 with The Shore Nuisance (Bombay and Kolaba) Act.

According to Shastri, S. (2002), the structure of Environmental law in India can be divided into twobroad categories that are protective laws and planning laws and this can be further divided as givenbelow in table 2.1. For the purpose of the study, 153 years of planning and environment evolution inIndia is divided into 4 phases as given below in table 2.2.

Source- Shastri, S. (2002)

2.2.1.1.Pre-Independence

The Early Years (1853-1897)Water

Water was one of the earliest elements of nature which was of high concern to the people rightfrom start, during the early years the first act to be amended was shore nuisance (Bombay and

1853-1897 The Early Years

1898-1946 City Improvement Efforts

1947-1969 Start of Enviornmentalism

1970-2006 The Era of EnviornmentYEAR

Urban Planning and Environment -the Phases

Pre -

Independence

Post -

Independence

For Human biengs

For Non-Human

being For Production For Distribution1. Water 1. wildlife 1. Land Utilization 1. Land ceiling

2. Air 2. Marine life 2. Irrigation 2. Town planning

3. Noise 3. Flora 3. Industry 3. slums

4. Nuclear 4. Mining 4. housing

5. Radiation 5. Grazing land 5. Recreational area

6. Toxic subsatnces 6.Catchment area 6. Parks

7. Waste land 7. Sanctuaries8. Estuaries 8. Biosphere

Structural basis of environmental laws

Protective Laws Planning Laws

Table 2.1. Structure Basis of Environmental Laws

Table 2.2. Urban Planning and Environment India- The Phases


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Kolaba) act of 1853 concerning water pollution in India, which authorized the collector of landrevenue in Bombay to order removal of any nuisance below the high - water mark in Bombayharbors. This act was followed by other acts related to water like the Bombay Irrigation Act 1860and North India Canal and Drainage Act 1873. The Indian Penal Code, passed in 1860 also hadprovision of penalizing person(s) responsible for causing defilement of water of a public spring or

reservoir with imprisonment or fines. Later to follow was the Indian Easements Act 1882 whichallowed private rights to use a resource that is, groundwater, by viewing it as an attachment to theland. It states that all surface water belongs to the state and is a state property and protects riparianowners against unreasonable pollution by upstream users. Apart from all this there were alsoestablishment of the Code of Criminal Procedure 1986, where sec 133 and 144 provide for removalof public nuisance.

The CitiesIn 1864 looking at the sanitary condition of the cities the first sanitary commissions in 1864 wasappointment for three presidencies of Bengal, Bombay and madras, under direction of the royalsanitary commission appointed by British Parliament in 1859. After more than a decade later the

first municipal act was enacted in Bombay, known as Bombay Municipal Act 1872 and hence theduties of the Corporation were set out. The next important event was enactment of the Land

Acquisition Act 1894; the act is valid till date and has bearing on major projects in city development.This act was enacted for the purpose of compulsorily acquisition of land required for public purposeor for purpose of companies.

City Improvement Efforts (1898-1946)City Improvement and Town Planning ActCities were major environmental nuisance, urbanization leading to major environmental stress. Thisled to the passing of the city improvement trust and town planning acts in India. The first cityimprovement trust was established in Bombay in 1898, followed by Mysore in 1903, Calcutta in

1911and Hyderabad in 1912. In 1933 Bombay improvement act was merged with BombayMunicipal Corporation. This process of constituting an improvement trust in different places in Indiacontinued till 1946.In India, the first efforts for planned growth was built into municipal acts through town planningschemes and which aimed at slum removal, providing workers housing, circulation improvementsand improving sanitation. Hence State town planning acts were introduced in Bombay presidency(1913), Madras presidency (1920) and the ex-princely state of Hyderabad and Mysore in about thesame period, this acts were enacted on the lines of the British Housing and Town Planning Act1909. The end product of this Acts were largely land-use plans and had features like irrational landuse disposition, inefficient land development and utilization, leading to large scale physicaldeterioration. The problems arising out of such physical structures were lack of a dispersed patternof work centers, sprawling residential dormitories, entailing long distance travel, inefficient transportsystem and services.4In between during 1915 Patric Geddes visited India, Geddes unsparingly explained that survey wasmore important than good surface planning. The planner must consider the citizen's potential andevolution within his environment. Later, in 1931 New Delhi, the new capital of India was plannedand design by Edward Lutyens, based on modern town planning principles.

4TCPO. (1996), Urban and regional planning and development in India, Ministry of urban affairs and employment, NewDelhi.


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Environment and PlanningThe first international environment conference was held in London 1900 and the topic fordiscussion was protection of wildlife of Africa. Later on in 1927 Indian Forest Act, one of the manysurviving colonial statutes was enacted to consolidate the law related to forest, the transit of forestproduce, and the duty livable on timber and other forest produce, at this early stage, awareness of

mans destructive tendencies were emerging.The first major discussion on environment and planning in India was in 1946 where Health Surveyand Development Committee (HSDC) discussed several aspects of town planning, while dealingwith problems of improving mans physical environment.

2.2.1.2.Post- Independence

Start of Environmentalism (1947-1969)EnvironmentEnvironmental issues which have been for a long time part of Indian thought and social process,and were reflected in the constitution of the republic of Indian adopted in 1950. But the start ofmodern environmentalism started in 1962, where the American environmental moments dates itsbeginning to Rachel Carsons book on pesticide pollution Silent Spring. Silent Spring is alsoknown as the bible and founding event of the modern environmentalism. But in the internationalscenario apart from water and air the issue of solid waste was first dealt in U.S.A. in 1965 byenacting the Solid Waste Disposal Act. And U.S. Congress financing a statewide survey of dumpsand landfills to better understand the scope of waste disposal problems in the U.S. The Actprovides more of waste management safeguards. At the end of this era in 1969, the NationalEnvironment Protection Act, U.S.A. was enacted, mandating all federal agencies and departmentsto consider and assess the environmental effects of proposals for legislation and other majorprojects.

Town Planning Act and CitiesThe City Improvement Efforts during 1898 to 1946 still had its effects after independence in India.In 1950 the Madras City Improvement Trust Act followed by the Hyderabad City Improvement Actwere enacted. Apart from these a lot of town planning act come into existence like the West BengalLand Development and Planning Act 1948, followed by the Bombay Provincial MunicipalCorporation Act 1949, The Orissa Town Planning and Improvement Act 1956 and the KarnatakaTown and Country Planning Act 1961 amended in 1965. All these acts provided provision forPlanning Authorities at City and Town level for preparation of Development Plan and enforcing it.In 1954 Bombay Town Planning Act came into being, incorporated the provisions of Bombay TownPlanning Act, 1913, and in addition made it obligatory on every local authority (barring villagepanchayats) to prepare a Development Plan for the entire area within its jurisdiction which came

into force in 1957. All These Acts are based on the model Urban and Regional PlanningDevelopment Act as proposed by the central government (TCPO, 1996).Comprehensive urban and regional planning in India was however introduced only afterindependence in Delhi (1957). The Delhi development act was enacted and the first Master Plan ofDelhi was prepared in 1964. This was nearly co-terminus with the central slum improvement act(1956) as opposed to slum clearance. Up to the second five year plan (ending in 1960) thepreparation of urban land use plans become a priority so as to ensure planned growth due to rapidurban population increase. During 1966, the Maharashtra Urban and Regional Planning Act wasenacted which had provision to prepare regional plans, Development Plans and town planningschemes under the provisions of the Maharashtra Regional and Town Planning Act.In 1958 Ancient Monuments and Archaeological Act was enacted to protect and preserve ancient

monuments and archeological sites. In case of Gujarat the first Act was enacted in 1961, which was


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the Gujarat Panchayats Act, this act enables the district Panchayats to make bye-laws forpurification and protection and protection from pollution of sources of water and for other connectedmatters. In 1963 Fazlore Rehman committee on urban land policy was formed to examine theproblems of urban land and suggest policy measures on the subject.

Industries and EnvironmentThe first Act regarding Industries was 1948 -The Factories Act, which was the first to expressconcern for the working environment of the workers. The 1987 amendment to the factories actempowers the state to appoints site appraisal committees to advice on initial location of factoriesusing hazardous process and deal with disposal of water effluents. In 1951 Industries(Development and Regulation) Act was enacted this Act provided for the development andregulation of certain industries.

The Era of Environment (1970-2006)The First Institutions to Protect Environment1970 marks the starting point in Indian environmental history as the starting point in environmental

era with the Establishment of The Maharashtra Pollution Control Board the first state pollutioncontrol board in India to begin operating.The year 1972 was a landmark in the history of environmental management in India. Prior to 1972,environmental issues such as sewage disposal, sanitation and public health were dealt withindependently by the different ministries without any co-ordination or realization of theinterdependence of the issues. In February 1972, a National Committee on Environmental Planningand Coordination (NCEPC) was set up in the Department of Science and Technology. NCEPCfunctioned as an apex advisory body in all matters relating to environmental protection andimprovement. However due to bureaucratic problems, that NCEPC faced in coordination with theDepartment of Science and Technology and In 1980 The Tiwari committee was setup to suggestthe administrative and legislative measures that ought to be taken for the protection of the

environment. This committee gave five suggestions- 1) land and water management 2) Naturalliving resource 3) Environmental pollution and E.I.A 4) Human settlements 5) Environmentaleducation and awareness. Based on recommendation of the Tiwari Committee NCEPC wasreplaced by a National Committee on Environmental Planning (NCEP) 1981.

The International Event - Stockholm ConferenceThe watershed event in the environmental movement was the Stockholm Conference on HumanEnvironment (the Magna Carta on human environment) in June, 1972. The conference made itapparent to all attendees that each nation needed to adopt comprehensive legislation addressinghealth and safety issues for people, flora and fauna. The United Nations, organizers of theconference, requested each participant to provide a country report. The findings by the Indianconferees shocked even the most pro-development advocates in India. Stockholm served as thegenesis for the series of environmental measures India passed in the years to come. It has alsobeen suggested that international events such as Stockholm provided the cover Indian officialsneeded to implement national environment policy without the vitriolic backlash normally expectedfrom industry (Shaman, 1996). Stockholm is also known for Indira Gandhi speech where shequoted "Poverty is the greatest polluter". Since than, Indian has participated in the internationalconferences and have been signatory to it declaration. Hence as a requirement, a lot of Acts andlegislation were amended to protect, avoid violation and ensure a better environment.

Acts for Protection of Environment

In year as a requirement of the Stockholm conference 1972 India amended the first Indian Wildlife(Protection) Act 1972, which provides for the protection of birds and animals and for all matters that


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are connected to it whether it be their habitat or the waterhole or the forests that sustain them. In1972, after a decade later due to the American environmental moments dates its beginning toRachel Carsons book on pesticide pollution Silent Spring 1962. America amended the PesticideControl Act, U.S.A, 1972, for control of pesticides for reduction of unreasonable risks to man andthe environment. This was followed by the 1974 Toxic substance control act U.S.A. in the same

year U.K. enacted Pollution Control Act U.K. 1974, which provides various regulatory and controlmeasure to wastes disposal. A similar concern for waste started in India, in 1975 when a Highpowered committee on urban waste was by Government for review of problems of urban waste inIndia. This committee, in its report made 76 recommendations, covering eight important areas ofwaste management.The burgeoning awareness of the 1970s did not mark the first efforts by India on the environment.

As early as 1962, however, the Ministry of Health had begun to address water pollution issues byappointing a study committee. The committee made recommendations for both central and statelevel action. Jurisdictional questions remained unsolved between the states and centralgovernment, but by 1965 a draft bill was finally being circulated which allowed the states to passresolutions authorizing Parliament to enact legislation on their behalves. By 1969, a bill, the

Prevention of Water Pollution, had been introduced. Ultimately in 1974 after the Stockholmconference 1972, a modified version, the Water (Prevention and Control of Pollution) Act, passed in1974, this was mainly passed for restoration and maintenance of wholesomeness and cleanlinessin our national aquatic resources. The Water Act also established the Pollution Control Boards atcentral government and state government levels, institutionalizing a regulatory agency forcontrolling water pollution marked the first true commitment on the issue by the Indian Parliament.Hence 1974 The Gujarat Pollution Control Board established, the act provided for prevention andcontrol of water pollution and the maintaining or restoring of wholesomeness of water. In 1977 TheWater (Prevention and Control of Pollution) Cess Act, which was amended in 1992 provided for thelevy and collection of Cess or fees on water consuming industries and local authorities. In order toprovide the pollution control boards resources for equipment and technical personnel and to prompt

water conservation by recycling.In the aftermath of the Water Act, Prime Minister Indira Gandhi moved to enact a series ofenvironmental measures. The Department of Environment (DOE), created in 1980, performed anoversight role for the central government. DOE did environmental appraisals of developmentprojects, monitored air and water quality, established an environmental information system,promoted research, and coordinated activities between federal, state and local governments. DOEwas criticized, however, by environmental groups who recognized that with its small political andfinancial base the agency was weak and symbolic in nature. Environmentalists recognized quicklythat DOE would essentially serve as an advisory body with few enforcement powers (Shaman,1996).The Air (Prevention and Control of Pollution) Act of 1981 was the next area of focus following thepassage of the Water Act. The legislation designated the central board and state boards, whichgoverned water pollution duties, to also be empowered with the same authority and administrativefunctions for the Air Act. In essentially all respects, the functions and authorizations exercised bycentral and state officials in the Water Act remain the same. The Central Board sets nationalambient air standards. In addition, the state boards have the power to petition local magistrates torestrain polluters from exceeding specified standards. This legislation, however, does notsupersede provisions of an earlier law, the Atomic Energy Act of 1962, which addressed radioactiveair pollution.

The Constitution

Although state governments have clearly delineated lines of authority and jurisdiction, Article 253 ofthe Constitution provides the central government with sweeping powers to implement laws for any


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part of India with regard to treaties made with another country or decisions made by aninternational bodyIn 1974 the 42nd amendment to the Constitution was brought and inserted two new Articles: Art.48-

A and Art.51-A(g). The former, under Directive Principles of State Policy, makes it the responsibilityof the State Government to protect and improve the environment and to safeguard the forests and

wildlife of the country. The latter, under Fundamental Duties, makes it the fundamental duty ofevery citizen to protect and improve the natural environment including forests, lakes, rivers andwildlife and to have compassion for living creatures. The 42nd amendment adopted in 1976 andwent into effect January 3, 1977. Apart from this the language of the Directive Principles of StatePolicy (Article 47) requires not only a protectionist stance by the state, but also compels the state toseek the improvement of polluted environments.

The Town Planning EffortsWith the increasing trend of urbanization, leading to development progressing along the peripheryand outside the limits of local authority, led to enactment of the Andhra Pradesh Urban Area(development) Act in 1975, followed by The Bangalore Development Authority Act, The Karnataka

Improvement Boards Act and the Gujarat Town Planning and Urban Development Act 1976 (theGujarat town planning act 1976 came into force in 1978). These Acts made provision for delineationof development area for the city, incorporating the peripheral growth area around the city beyondthe limits of local authority. These Acts also led to constitution of urban development authority forsuch area for its proper development. In the same year the 1976 Urban Land (Ceiling andRegulation) Act was amended to create land for urban development.

Disaster and MovementsIn 1979, the Three miles island U.S.A nuclear power plants disaster was an important event thatawakened the world towards the need to deal with such disaster. In India, in 1979 a new movementwas started, movement for environmental protection. It started with 1979 Silent valley Case-

Palghat, Kerala Hydro-electric proposed in the tropical forest, but the high court of Kerala refused tointerfere in the matter and relied heavily on government position. Than followed the biggest disasterin Indian history in 1984, the Bhopal Gas Tragedy. Bhopal disaster led to major changes in India,first it to passing of Bhopal Gas Disaster Act, 1985 which further led to Passing of EnvironmentProtection Act (EPA),1986 (the umbrella environmental legislation).

The Apex Environmental Body and EnvironmentIn 1985 Ministry of Environment and Forest of Govt. of India was established and in 1986 theEnvironment Protection Act, (amended 1991) the umbrella legislation came into existence. This actis applicable to entire country and overrules other legislation, including local laws, whichempowered the central government to take all necessary measures to protect and improve theenvironment. Obligation under the Stockholm declaration, The Environment (Protection) Rules -laydown procedures for setting standards of emission or discharge of environmental pollutants.

Brundtland CommisionIn the 1983 the UN set up the World Commission on Environment and Development, also called asthe Brundtland Commission. They produced "Our Common Future", otherwise known as theBrundtland Report, suggested 22 legal principal for environmental protection and sustainabledevelopment. Which framed much of what would become the 40 chapters of Agenda 21 and the27 principles of the Rio Declaration on Environment and Development. It defined sustainabledevelopment as development which; meets the needs of present generations without

compromising the ability of future generations to meet their own needs


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The Other Rules and RegulationsIn 1989, under EPA, government mandated the Hazardous waste (Management and handling)rules - to control the generation, collection, treatment, import, storage, and handling of hazardouswaste and in the same year, the Central Motor Vehicles Rules were established which introducednation-wide emissions levels for both petrol and diesel driven vehicles. Subsequently in 1990 the

National Waste Management Council was constituted one of the NWMC objectives was municipalsolid waste management. The council is engaged at present in a survey of 22 municipalities toestimate the quantity of recyclable waste and its fate during waste collection, transportation anddisposal.In 1990 Environmental appraisal of Development Plans originated in UK and The EuropeanEconomic Community issues the first proposal for a Directive on the Environmental Assessment(EA) of Policies, Plans and Programmes. Subsequently in 1992 Development Plans and RegionalGuidance (DOE, 1992) UK marked the beginning of EA of local authority Development Plan in theUK.In 1991 The Public Liability Insurance Act and Rules was drawn up to provide for public liabilityinsurance for the purpose of providing immediate relief to the persons affected by accident while

handling any hazardous substance and the ministry of environment and forests issued guidelinesfor management and handling of hazardous waste.In 1994 Environmental Impact Assessment (EIA) - Restrictions & Prohibitions on the Expansion &Modernization of any activity or new projects unless Environmental Clearance has been accorded,amended 2001 and in 1995 The UNDP introduces the environmental overview as a planning tool.

The International EventsThe Earth day 1990 -Described as the largest organized demonstration in human history, followedby the 20th anniversary of Stockholm, which took place in 1992 in Rio de Janeiro "Earth Summit"and Declared that human beings are entitled to a healthy and productive life of harmony withnature. The Rio de Janeiro earth summit agreed Agenda 21 and the Rio Declaration, These

documents outlined key policies for achieving sustainable development that meets the needs of thepoor and recognizes the limits of development to meet global needs.

The 74thAmendment ActIn 1992, with 74thConstitution Amendment Act (74thCAA), in fact, ushered in a new era in thehistory of urban local government in the country. State legislatures were empowered to entrust localbodies with necessary power and authority to enable them to function as institutions of local self-government. It is a first serious attempt to ensure adequate constitutional obligation so thatdemocracy in the municipal government is stabilized.The 74thCAA is, indeed a pointer to the determination of the state to bestow power to the people toplan for themselves and participate in the decision-making process. The spatial and environmentplanning in the planning system has also been envisaged by the act at various levels right fromnagar panchayats to a metropolitan area. It also provides for integration of the municipal plans withdistrict plans and through them with the state and national plans.

The Rules and Regulations in Last Ten YearsIn 1995 another high powered committee on urban waste was setup. The Ministry of Environmentand Forests and the Central Pollution Control Board (CPCB) organized a meeting with municipalauthorities and other concerned ministers in March 1995 to evolve a strategy for the managementof municipal solid wastes. In 1995 CPCB established an Environmental Planning Cell andintroduced an environmental (land use) planning programme known as Zoning Atlas for Siting of

Industries. In 1996 government published guidelines for safe road transportation of hazardous


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waste and the Chemical Accidents (Emergency Planning, Preparedness and Response) Rules forcombating disasters.In 1998 Bio-Medical Waste (Management and Handling) Rules were issued is a legal binding onthe health care institutions to streamline the process of proper handling of hospital waste such assegregation, disposal, collection, and treatment and Draft municipal solid waste (management and

handling) rules were issued.For the benefit of planning in 1999, The Environment (Siting for Industrial Projects) Rules, 1999,were laid down detailed provisions relating to areas to be avoided for siting of industries,precautionary measures to be taken for site selecting as also the aspects of environmentalprotection which should have been incorporated during the implementation of the industrialdevelopment projects.In 2000, Hazardous Wastes (Management and Handling) Rules were established; the rules laydown the procedure for waste collection, segregation, storage, transportation, processing, anddisposal. This was followed by Final Municipal solid waste (management and handling) rules 2000declaring that every municipal authority shall be responsible for the implementation of the rules andfor any infrastructure for collection, storage, segregation, transportation, processing and disposal of

Municipal solid waste. The Noise Pollution (Regulation and Control) Rules and The OzoneDepleting Substances (Regulation and Control) Rules- have been laid down for the regulation ofproduction and consumption of ozone depleting substances were also established in 2000.In 2002, The Wild Life (Protection) Amendment Act was amended to provide for the protection ofwild animals, birds and plants and for matters connected therewith or ancillary or incidental theretowith a view to ensuring the ecological and environmental security of the country. In 2003 Bio-Medical Waste (Management and Handling) (Amendment) Rules were amended. In 2003, Forest(Conservation) Rules, 2003 super session of the Forest (Conservation) Rules, 1981.In 2004 the Draft National Environment Policy (NEP) was published. The NEP, 2004 is a responseto national commitment to a clean environment, mandated in the Constitution in Articles 48 A and51 A (g), strengthened by judicial interpretation of Article 21 Is recognized that maintaining a

healthy environment is not the states responsibility alone, but also that of every citizen. The NEP,2004 is intended to be a guide to action: in regulatory reform, programmes and projects forenvironmental conservation; and review and enactment of legislation, by agencies of the Central,State, and Local Governments. It also seeks to stimulate partnerships of different stakeholders, i.e.public agencies, local communities, the investment community, and international developmentpartners, in harnessing their respective resources and strengths for environmental management.

2.3. Summary

The formal planning and administrative system in India was introduced by the British colonizer,hence the present planning system is mostly influenced or derived from British principle. The

earliest laws concerning environment (directly/indirectly), land and city management wereintroduced by the British before the independence. It was during the British period when a lot of cityimprovement trusts were established in cities and Town Planning Acts were enacted on lines of theBritish Housing and Town Planning Act 1909.

After independence in 1947, town and country planning laws/ Acts were enacted in various states,all these Acts provided for planning authorities at city level and town level for preparation ofDevelopment Plan. These Acts are based on the Model Urban and Regional Planning Development

Act as proposed by the central government. However comprehensive urban and regional planningin India was first introduced after independence in Delhi 1957, Delhi the capital city of India was thefirst city to enact the Development Act in 1957 and the first Master Plan for Delhi was prepared in1964. Delhi master plan was the first comprehensive Development Plan prepared in India and


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many of the latter Master / Development Plans prepared by other cities in the country was based onthis Plan.There are about two hundred laws dealing with environmental protection both before and afterindependence in India. However, the pre-independence laws have not dealt with environmentalprotection exclusively. For the purpose of this study, prior and post to Stockholm Conference, 1972

all the relevant Acts / Regulations and Policies in India related to development planning andenvironment in India were identified.5Below is summary of the list of Acts/ Regulation/ Policies thatshould be or need to be incorporated or referred to while preparing a Development Plan.

Table 2.3. Acts/ Regulation and Policies to be Incorporated in the Development PlanRelevant Acts, / Regulation/

Legislation / Policy

Objectives of the Acts / Regulation/

Legislation/ Policy

Rationale for Incorporation

The Easement Act, 1882 Allows private rights to use a resource that

is, groundwater, by viewing it as an

attachment to the land. It also states that

all surface water belongs to the state and

is a state property.

Understanding the issues related to

user rights Ground/ Surface water.

The land Acquisition Act, 1894 Compulsorily acquiring of land requiredfor public purpose

Important Act for land mobilization

The Bombay Prov incial

Municipal Corporation Act 1949

Provision of civic infrastructure and

administration of the city

Understanding the role, responsibility

and powers of a municipal corporation

(Ahmedabad Municipal Corporation or

the AMC, is established under the

Bombay Provincial Corporation Act)

Indian Electricity Rules, 1956 To regulate the supply, transmission,

generation, and use of electricity.

Regulates and control les the

horizontal and vertical clear distances

to be kept open to sky near vicinity of

grid lines.

The Gujarat Municipal Act 1963 Provision of civic infrastructure and

administration of the municipal area

Understanding the role, responsibility

and powers of the municipalities in the

Development area.

The Indian Wildlife (Protection)

Act 1972

Protection of birds and animals and for all

matters that are connected to it whether it

be their habitat or the waterhole or the

forests that sustain them.

Need to identify habitats of protected

birds and animals in urban area

The Water (Prevention and

Control of Pollution) Act 1974

To ensure that domestic and industrial

pollutants are not discharged into rivers

and lakes without adequate treatment

Need integration in the GDCR of

development area.

The Gujarat town Planning and

Urban Development Act, 1976

to consolidate and amend the law relating

to making and execution of development

plans and town planning schemes in the

state of Gujarat.

Legislation under which the

Development Plan is prepared

The Air (Prevention and Control

of Pollution) Act, 1981

To control and reduce air pollution. Need integration in the GDCR of

development area.

The Environment (Protection)

Act, 1986

To provide for the protection and

improvement of environment and for

matters connected there with in the

country.

It is the umbrella legislation under

which all the environmental legislation

are enacted.

The Constitut ion of 74th

Amendment, 1992

To achieve democratic decentralization

and provide constitutional endorsement of

local self governance authorities and

decentralization of planning and decision

making procedures.

Ensure adequate constitutional

obligation for local self governance

and decentralization of planning and

decision making procedures.

5For Comprehensive historical list of Acts / Regulation / legislation / Events in Urban Planning and Environment referappendix -1.


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Relevant Acts, / Regulation/

Legislation / Policy

Objectives of the Acts / Regulation/

Legislation/ Policy

Rationale for Incorporation

The Chemical Accidents

(Emergency Planning,

Preparedness and Response)

Rules, 1996

To deal with major chemical accidents and to

provide expert guidance for handling major

chemical accidents.

Under sec. 10 (1) mention measure to be

taken in industrial pocket to deal with

chemical accidents and coordinate efforts

in planning, preparedness and mitigation

of a chemical accident

D

development plan and environment: a case of ahmedabad. master of planning dissertation by - rohit...

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