PLPP Planning Legislation & Professional Practice Comprehensive Explanatory Notes

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PLPP Planning Legislation and Professional Practice Comprehensive Explanatory Notes

Masters of Urban and Regional Planning

One. Land Acquisition Act

A. Evolution of Land Acquisition in India, eighteen ninety-four Act

Key Features of the eighteen ninety-four Act

Why the eighteen ninety-four Act Failed

C. Detailed Case Study: POSCO Steel Plant, Odisha - FDI, Land Acquisition and Involuntary Displacement

Project Background and Components

Project Timeline: MoU to Exit (two thousand five - two thousand seventeen)

Issue One: Land Acquisition and Displacement

Severe Impact on Vulnerable Groups

Lack of Rehabilitation and Resistance

Betel Cultivation: Primary cash crop yielding high year-round income using local knowledge and family labour.

Issue Three: Community, Cultural and Socio-Economic Losses

Issue Four: Impact on Vulnerable Groups

Issue Five: Environmental and Legal-Governance Challenges

Legal Violations Alleged:

Structural Criticisms of the Development Model

Key Takeaway for Planning Students

B. LARR Act, twenty thirteen (Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act)

Salient Features of LARR twenty thirteen

Definition of 'Social Impact' under LARR twenty thirteen

How the New Act Faults the Old Act (eighteen ninety-four)

Two. Resource Mobilisation in Urban Planning

A. Revenue Collection Methods

ii. Non-Tax Revenue

B. FAR/FSI-Based Compensation and Charges

Transferable Development Rights (TDR)

Premium FSI / Additional FSI

C. Development Charges

Betterment Levy

D. Why Are These Taxes and Levies Mandated?

Three. Development Control (Chapter twenty-one)

A. Tools of Development Control

B. Development Controls - Salient Features

C. When is Development Deemed a Violation?

At the Building Level

D. Role of Planners in Development Control

E. Innovations in Development Control

F. Case Studies on Jurisdictions of Development Control

G. RERA - Real Estate (Regulation and Development) Act, twenty sixteen

One point one Pre-RERA Scenario: The Problem Statement

Need for RERA

Two point one Sector-Specific Failures

Objectives of RERA

Salient Features of RERA

Structure of the Act

Retrospective Effect

Application to Residential Real Estate

Project Registration

Prior Approval before Launch

Validity of Registration

Compulsory Deposit

RERA Authority

Functions

State-Level Structure

Establishment of Appellate Tribunal

Duties of Promoters

Key Obligations

Restriction on Taking Advance

Compulsory Deposit for Project

Rights of Buyers (Allottees)

Key Rights of Buyers

Role of Real Estate Agents

Functions of Real Estate Agents

Duties Towards Buyers and Sellers

Accountability

Penalties Under RERA

Penalties for Promoters

Penalties for Real Estate Agents

Advantages of RERA

Challenges in Implementation

Case Study: Amrapali Building Projects

Four. Environment Legislation in India

Objectives of Environment Legislation

Environment Legislative Powers

Environment duty of the State

Environment duty of the citizens

Right to Environment as Fundamental Right

Constitutional Protection to Environmental Laws

Environment and Pollution Control Acts

Mining, Forest Conservation and Wildlife Protection Acts

Concept of Environment

Definitions under the Environment (Protection) Act, nineteen eighty-six:

Objectives of the Air (Prevention and Control of Pollution) Act, nineteen eighty-one

Objectives of the Water (Prevention and Control of Pollution) Act, nineteen seventy-four

Objectives of the Wildlife (Protection) Act, nineteen seventy-two

Objectives of the Indian Forest Act, nineteen twenty-seven

Objectives of the Forest (Conservation) Act, nineteen eighty

Two. Salient Features of Key Environmental Laws

Two point two The Water (Prevention and Control of Pollution) Act, nineteen seventy-four

Two point three The Water (Prevention and Control of Pollution) Cess Act, nineteen seventy-seven

Two point four The Wildlife (Protection) Act, nineteen seventy-two

Two point five The Indian Forest Act, nineteen twenty-seven

Two point six The Forest (Conservation) Act, nineteen eighty

Two point seven The Forest Rights Act, two thousand six and two thousand eight

Two point eight Noise Pollution Regulation

Two point nine Public Liability Insurance Act, nineteen ninety-one

Two point ten The National Green Tribunal Act, two thousand ten

Case Study Hydropower projects in Uttarakhand:

A. Environment (Protection) Act, nineteen eighty-six

Objectives of EPA nineteen eighty-six

Salient Features of EPA nineteen eighty-six

Rules Notified Under EPA nineteen eighty-six Relevant to Planning

Relevance to Planning

B. National Green Tribunal Act, twenty ten (NGT)

Background and Context

Objectives of the National Green Tribunal Act, twenty ten

Why and How the NGT Came into Existence

The Bhopal Gas Tragedy

Salient Features of the National Green Tribunal Act, twenty ten

Five. Special Economic Zones (SEZ)

A. Historical Evolution / Why SEZs Were Set Up

B. Objectives of SEZs (SEZ Act two thousand five)

C. Features and Benefits of SEZs

Fiscal Benefits

Types of SEZs in India

D. Criticisms and Challenges

Project Formulation and Implementation

A. Why Project Formulation Matters

B. Steps in Project Formulation

Components of the Project Proposal Document

C. Project Implementation

Seven. Institute of Town Planners, India

A. About ITPI - Origin, Vision, Objectives

Vision

Objectives of ITPI

B. Membership of ITPI

C. Code of Professional Conduct

D. Conditions of Engagement - Part One: Types of Consultancy Services

Two. Transport Planning can be further classified into the following six categories:

E. Part Two - Methods of Professional Fee Calculation

i. Percentage-Based Fee

ii. Lump Sum Fee

iii. Time-Based Fee

iv. Retainer Fee

Overview

The document elaborates on the evolution and shortcomings of the Land Acquisition Act, highlighting its impacts on marginalized communities through a case study of the POSCO project. It underscores the necessity for reform in land acquisition law and better impact assessment practices.

Key Points

1The Land Acquisition Act of 1894 has significant flaws, particularly in compensation and rehabilitation
2The POSCO case illustrates failures in socio-economic assessments and community displacement
3The LARR Act 2013 aims to rectify past failures, emphasizing fair compensation and transparency
4Environmental concerns and legal violations were prevalent in the POSCO project
5The document advocates for inclusive planning that respects local livelihoods and community rights.

Details

Category: Law and Legal Studies

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