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Legal Imperatives for Rationalized Planning and Development of Peri-Urban
Areas with special reference to Chandigarh Periphery
∗
J.K. Gupta
1. Introduction
1.1 Looking historically, one can see clearly that ‘Homo Sapiens’ did not start life as urban
creatures. If finding food, security and a settled life were the major factors for
establishing villages, then learning, innovation, sophistication, trade and commerce
became the major drivers of creating urban centers. City development has been found to
be positively co-related and synonymous with human development. With cities emerging
as centers of exchange, both of goods and ideas, they became centre of excellence,
innovations and learning, attracting large number of people in the process. Over the years
with the growth in population, city also grew in physical terms and size to accommodate
large population and to provide for their housing and other support infrastructure and
activities.
1.2 Despite the rapid growth of cities and towns witnessed in the post-independence period,
the city size and shape officially continued to be static. These limits were officially
defined by the parastatal agencies under the municipal law and most of these limits were
defined without taking into account the existing and future growth and development,
within and outside the area. With numerous factors governing the definition of urban
boundaries, the process remained slow and static. In large number of cases the urban
limits remained static even over a span of 10-15 years despite the fact that during this
period population of the urban center increased by more than 50-75%. This lead to the
growth and development coming up right outside urban limits which had become highly
potential.
1.3 Pace of peri-urban areas development was largely determined by limited options
available within the existing limits of urban centres. Slow pace of development of urban
land, legal restrictions on land development within urban centres, locational advantage,
lower land values and easy accessibility to the urban infrastructure and work centers are
the critical factors leading to the growth and development of peri-urban areas. Over a
period of time, the growth and development of areas outside the urban limits assumed
importance and became synonymous with the growth and development of the mother
city. Infact, in certain cases the momentum of growth outside urban limits has been
found to be of higher order due to numerous factors constraining the development within
the city. As per one of the study of Bhopal metropolis, it has been revealed that the share
of various parts of the city had shown distinct characteristics. As the city grew outwards,
the share of old part of the city reduced drastically from 70% during 1970 to 40% in
2001. Major gainers of the population have been found to be areas on the periphery,
within & outside the planning boundary and the peri-urban areas.
1.4 Peri-urban areas have been found to be under lot of developmental pressure due to
centrifugal forces generated by the mother city besides activities in such areas have
strong interface with the mother city. Accordingly, the development in the periphery of
the urban areas assume importance for proper regulation in order to rationalize the
planned growth of the urban centres of which peri-urban areas form an integral part.

Director, College of Architecture, IET-Bhaddal (ROPAR)
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Unfortunately in India, in most of the cases urban peripheral areas are not being
subjected to strict legal controls, despite the fact that these areas are witnessing rapid
transformation. Considering the role and importance of the peri-urban areas, it becomes
critical that development of these areas is objectively looked into and appropriate
strategies, which minimizes conflicts and strengthen rural-urban interface and integrated
city and peri-urban areas in a phased manner, are evolved to make them integral part of
the city growth and developmental process. Such an approach would help in making
urban areas more liveable and productive.
2. Defining Peri-Urban Areas
2.1 In the Indian context, peripheral urban areas have not been duly recognized in terms of
their role and importance in rationalizing and promoting the planned growth of urban
centers and making cities more humane, more productive and more sustainable. These
areas have been left largely to be exploted by the speculators, individuals, real-estate
developers and builders to create structures and sub-divide the land against all planning
and developmental norms. In the Indian context, the peri-urban areas do not find much
recognition in the existing planning and legislative framework. However, in all western
countries, the peri-urban areas are strictly regulated in terms of their definition and
parameters of planning and development. Peri-urban area has been defined:
As an area around an urban settlement which is distinctive in character having
diverse and mixed land uses and residents. These are the areas generally located
outside the municipal limits.
In U.S.A. Peri-Urban areas in the state of Houston is defined on the basis of numerous
inter- linked factors which include population density, employment in non-agricultural
industries and population mobility.
New Zealand Parliamentary Commissioner for the Environment has defined the term
“Peri-urban”:
As those areas which are in some form of transition from strictly rural to urban.
These areas form the immediate urban-ruralinterface and may even fully evolve
into being fully urban. Peri-urban are places where people are key components-
they are lived in environments. The majority are on the fringe of established
urban areas but they may also be clusters of rural residential development within
rural landscape.
2.2 In the Indian scenario, sporadic and limited efforts have been made to define the extent
of the peri-urban areas. First attempt was made in the case of new capital city of
Chandigarh, where initially 8 km. stretch outside the project area was defined as
“Periphery” in order to regulate the growth and development outside the limits of the
new city and to put a check on the haphazard, unplanned and sub-standard growth
besides making land available, free from all encumbrances, for future growth and
expansion of the new city. The extent of periphery was subsequently increased to 16 km
considering the pressure of development around the capital city. Defining the Periphery
of Chandigarh was done under the provisions of Punjab New Capital (Periphery) Control
Act, 1952.
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2.3 State of Punjab has also been pioneer in recognizing the role and importance of
peri-urban areas in the context of planned urban development when in 1963, a legal
framework, “The Punjab Scheduled Roads and Controlled Areas (Unregulated)
Development Act”, was put in place which inter-alia provided for declaring area up to
8 km around any city/town to be declared as Controlled area which would be subjected
to distinct controls, rules and regulations evolved under a Development Plan prepared
under the Act.. It also provided for regulating development along all important roads and
Bye-passes defined in the Act in order to rationalize the peri-urban growth along these
roads, outside the municipal limits. The stretch proposed to be regulated varied from 30
meters along Scheduled Roads and 100 meters along Bye-passes. However, the said Act
was repealed in 1995 with the enactment of The Punjab Regional and Town Planning
and Development Act despite the fact that the Act had and important objective and
useful purpose to serve. The 1995 Act did not have similar provisions to take care of the
planned and regulated development of peri-urban areas. Haphazard and peri-urban
growth in the State of Punjab has got accelerated since 1995 leading to emergence of
numerous problems for the urban areas.
2.4 State of Haryana has also attempted to define peri-urban areas under the Punjab
Scheduled Roads Act and the Haryana Urban Areas, Act 1975. Under the Haryana
Urban Areas Act, areas outside the municipal limits could be declared as urban areas
which are subjected to strict developmental controls defined in the Development Plan.
Haryana model of development focuses on the need and importance of the rational and
planned development of the peri-urban areas whereas development of core urban
areas/mother city is left to the municipal law where no provision exists for the
preparation of the Development Plan. This model is based on the premise of using the
potential of peri-urban areas which have little development but offer enormous options to
developers to acquire cheaper land and promote urban development on a massive scale
by creating large residential, commercial colonies and townships.
2.5 With regard to the extent of the peri-urban areas defined in the case of Chandigarh, it is
observed that the Punjab New Capital (Periphery) Control Act, 1952 does not specify
any limit of such area. It was perhaps the vision of the first Capital Project Team, which
included eminent Architects, Planners, Administrators and Engineers, who considered
prudent that 8 km. would be sufficient to regulate the development around the new city.
However, no study was carried out while defining the extent of the periphery of the city.
Stipulations made in the “The Punjab Scheduled Roads and Controlled Areas
(Unregulated) Development Act,1963 with regard to defining the extent of peri-urban
areas seem to have been largely influenced by pattern followed in Chandigarh. Haryana
Urban Areas Act defines 5 km as the extent of peri-urban areas against 8 kms. specified
in the other law. However, in all these cases, objective and well defined criteria to
determine peri-urban areas are absent. Accordingly, considering the large implications
of the peri-urban areas, it becomes critical that the extent of such areas should be
properly delineated based on well defined parameters. It would not be appropriate to
limit the extent of peri-urban areas by defining it in the law itself because the extent of
the peri-urban areas would vary with individual settlement. Accordingly, it will be more
rational and appropriate if instead of defining the extent of area, proper methodology and
objective criteria are laid down in the law to delineate the area.
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3. Development Issues
3.1 In this era of globalization of liberalization of Indian economy, peri-urban areas have
emerged as preferred destination for most of the economic activities which largely
dictate the direction of the future growth and development of the city. Major triggers of
the rapid development of peri-urban areas in the Indian context have been identified as:
• High growth potential for urban and industrial development.
• Existence of developmental triggers like large industrial/institutional units,
major road/rail network.
• Existence of large number of godowns & whole sale markets.
• Existence of inefficient land market and inadequate supply of serviced land
within the mother city.
• Prevailing high land prices within the core area.
• Existence of restricting legal framework (like ULCRA), and irrational
Development Control Regulations within the mother city.
• Better options for cheaper, spacious and affordable housing.
• Simpler and liberal process of approvals for development, conversion of land use
and grant of building permissions.
• Easier availability of large quantum of land at cheaper rates.
• Easy accessibility to the mother city including its specialized infrastructure and
services.
• Close proximity to work centers and centers of employment.
• Comparatively low cost of living.
• Absence of any toll, taxes, levies, fees etc.
• Availability of basic amenities and services at comparatively lower price.
3.2 Peri-urban areas because of their close proximity to the mother city, are subjected to
numerous development forces which results in changing their basis rural character. Due
to absence of any regulatory authority, the development in the areas is subjected to
whims and fancies of the individuals. In the absence of any planning framework, most of
the development is both haphazard and unplanned. The area suffers from lack or absence
of basic infrastructure and services despite the fact, it houses large number of people.
The extent of the peri-urban areas have been found to have positive co-relation with the
size of the mother city i.e. larger the city, larger would be the extent of peri-urban limits.
In addition to the development outside the municipal boundaries, area along major road
network also witnesses linear/corridor pattern of development. Thus peri-urban areas
have features which are distinct from those of urban and rural areas. It has development
which is not compact and contiguous. Development to a large extent is interspersed with
agricultural pockets.
3.3 Looking at above factors, the basic characters of peri-urban areas can be defined as :
• General absence of a well-defined legal framework for planning, development &
management.
• Absence/multiplicity of planning and developmental agencies to regulate
development within the area.
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• Absence of well defined planning framework to guide, rationalize and promote
orderly growth of the area.
• Large scale conversion of agricultural land into non-agricultural uses due to
easy procedures/absence of any legal framework.
• Unauthorized and haphazard sub-division of agricultural land into small
parcels.
• Absence of building bye-laws or zoning regulations to rationalize use of land and
control of built environment.
• High degree of land speculation due to comparatively lower land values and
simple procedures of land conversion.
• Irrational/ non- conforming land use pattern.
• Dispersed pattern of development with absence of basic infrastructure and
services.
• Absence of a rationalized traffic & transportation network with corridor pattern
of development along the existing road network.
• Generally low quality of development and low quality of life prevailing in the
area.
• Existence of slums/ low quality housing, informal settlements.
• Poor accessibility within the habitable areas.
• High degree of environmental pollution/ Degraded Environment.
• Inadequate provision of basic services / infrastructure and absence of trunk
services.
3.4 Thus, it can be seen that in the Indian context peri-urban areas, which are on a massive
roll today are being subjected to large developmental forces and pressures. Infact they
are the areas which are going to become urban over a period of time, once municipal
limits are extended. Then they would be required to be provided with appropriate level
of planning and developmental input to integrate them with the existing framework of
the city and its services. Considering the pattern of development existing in the
peri-urban areas, process becomes highly cumbersome and problematic and poses
numerous challenges and problems of integration with the result, these areas continue to
be neglected and suffer for considerable time. To minimize such eventualities, it
becomes critical that peri-urban areas are clearly identified for each settlement and
adequately looked after by a properly defined development authority within a planning
framework so that their integration with the city does not pose any problem
subsequently.
3.5 Peri- urban areas have been found to have significant ecological, bio-diversity, land
form, natural character, landscape and cultural/ natural heritage values. For preserving
these valuable gifts, it becomes all the more important that these areas are rationally and
thoughtfully studied and planned with sensitivity. Since peri-urban development has
serious repercussion for the mother city, it becomes all the more critical that a proper
legal framework is put in place on priority to effectively and efficiently integrate,
manage the growth and development of such areas.
3.6 As per the report of the New Zealand Parliamentary Commissioner, environmental
management and planning framework surrounding peri-urban areas is a complex process
due to large number of agencies with varied range of functions involved in their
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management. The investigation made by the Commissioner highlights variety of
approaches adopted for environmental planning and management. The effectiveness of
the planning processes evaluated in the case studies varied considerably. Effectiveness
tended to relate to the quality and quantity of the inputs: inadequate inputs led to
inadequate outputs while adequate inputs sometimes led to acceptable outputs. In all
cases the long-term environmental outcomes are at best unclear or problematic, and at
worst very probably poor. The investigation highlights a range of issues that seem to be
compromising the effectiveness of the environmental planning and management
processes in the peri-urban areas. Most of these issues have their relevance to Indian
context and accordingly need to be critically looked into for proper management of the
peri-urban growth. The issues include :
• Limited capacity of the planning processes to identify and manage tensions and
conflicts. The communities living in peri-urban areas are diverse and hold a
divergent range of opinions. Debate over the nature and extent of property rights
is a significant tension.
• Local and regional communities feel there has been poor leadership from
national agencies on how to manage these areas.
• Local vision and leadership has at times been inconsistent, subject to re-
litigation and lacking in long-term consensus.
• Institutional capacity to promote the sustainable development of the peri-urban
areas, both intellectual and financial, is variable.
• Tendency to rely on the District Plans as the primary tool for managing the
sustainability of peri-urban areas. However, some councils are effectively using
other tools to influence environmental outcomes in peri-urban areas, such as
acquisition of reserves and walkways, information, and guidelines for best
practice.
• Accountability in the system is weak: the checks and balances when an agency is
not carrying out its statutory responsibilities adequately are limited and not often
activated. It is often left to community groups who are poorly resourced to carry
out this function.
• Baseline resource information is not particularly good, even in the best
resourced councils.
• Capability to define and manage cumulative effects is critical but variable and
the tools to do so are weak.
• Monitoring of implementation and environmental outcomes is not particularly
good.
4. Strategy
4.1 Looking at the existing pattern of growth and development of urban centres in India, it
has been observed that “peri-urban” areas have profound influence and major
implications for core urban areas in terms of their planning, development and
management. Major derivatives for such implications have been found to be existence/
absence of any legal framework, existence/ absence of any planning and development
agency to define, promote, regulate and manage the pattern of development in the area.
Considering the valuable contribution of the peri- urban areas in terms of providing day-
to-day needs, employment, shelter, economy and sustainability to the mother city, their
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planned development assumes importance. Strategies accordingly, shall have to be
formulated in order to ensure that peri-urban areas contribute effectively to the
sustainability, growth and development of the mother city rather than, becoming a
parasite on its resources. Such a strategy should essentially revolve around;
(i) Creating proper legal frame work
It has been observed that planning legislation has profound implications for urban
development because it defines the system of urban development, establishes the
system of urban planning and regulation of land development. It also defines and
delimits the role of urban planners and managers. All urban laws also define and
provide for basic procedures which have to be followed in the plan preparation
and plan approval before they are made operational. It also include the penalties
to be imposed in case of the violation of the provisions of the plan. Therefore, in
all civilized and democratic societies, existence of a well defined legal
framework is a pre requisite to regulate the growth and development of urban
centres. Unfortunately in India very few states have dedicated legal framework
which addresses the need of planned development in the peri-urban areas. Most
of the laws are framed with a focus to take care of the planned development of
the mother city in the shape of master plans or development plans. These laws do
not recognize the peri- urban areas as the area requiring planned development. In
the absence of this, these areas are not subjected to any planning and
development mechanism. However, in certain cases, concept of planning areas,
urbanisable areas are followed in the preparation of master plan but in most of the
cases these areas are marked for uses other than urban and are outside the
framework of implementation. Accordingly it becomes essential that a proper
legal framework must be put in place to effectively regulate the development
outside the urban areas. Once legal framework is put in place, proper
management of peri-urban areas would be much easier, effective and efficient.
Option in this regard to define peri-urban areas as an integral part of all municipal
and urban development related laws should be explored with adequate provision
made to regulated the development in the area. Further municipal authorities
should be given the power and authority to check haphazard / unplanned
development and to regulate and promote planned development of the peri-urban
areas identified on their urban boundaries.
(ii) Defining Peri- Urban areas.
In order to ensure the planned growth of Peri-Urban areas, it will be critical to
precisely define the extent of Peri- Urban areas for each city so that it can be
taken care of in the planning and development process. It has also been observed
that peri-urban is not a static but a dynamic concept, accordingly its extent varies
with the extent of the mother city. Larger the mother city, greater has been found
to be the extent of peri- urban area. Accordingly, It is important that these areas
are delineated with care and sensitivity. For this a well defined set of parameters
will be required based on which peri-urban areas could be defined. These
parameters could include population, population density, percentage of work
force engaged in activities other than agriculture, areas of natural/ built heritage,
pattern of economic and physical growth and development, economic potential of
the area, proximity and accessibility / connectivity with the mother city.
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(iii) Peri- Urban areas to be made Integral Part of Planning Process
Despite the fact that pre-urban areas have important role and enormous potential
to contribute to the natural growth and development of urban areas, they have not
been duly recognized by planners and accordingly peri-urban areas find no
recognition in the parlance of the planning process. In fact most of the existing
problems of urban areas have their genesis in the mismanagement of the
peri-urban areas and their perpetual neglect. Accordingly, for rationalizing and
promoting planned development of the urban centres, it would be critical to make
the peri- urban areas as integral part of city planning and development process.
Considering their proximity and future growth and development of the city, these
areas need to be planned as an extension of the mother city, so that the
services/infrastructure /road net-work of both these areas are effectively
integrated. Once this is done, achieving the objective of planned development of
peri-urban areas would be much easier, simpler and quicker.
(iv)Designating Agency for the Regulating Growth and Development
Most of the growth of peri-urban areas in the Indian context has been found to be
both haphazard and unplanned. Major cause for this malady can be attributed to
the absence of any agency designated to regulate the growth in the area.
Accordingly, it will be important that an appropriate agency must be designated
to regulate the development in the peri-urban areas. It could be a regional level
authority in the case of a regional plan which should be entrusted with the task of
managing all identified peri-urban areas in the region. Task could also be
entrusted to District Planning Committee / Metropolitan Planning Committee
provided these committees have necessary level of planning, development and
management input. However, in case of peri-urban areas of an individual
settlement, the task of management should invariably be entrusted to the city
level agency. Multiplicity of agencies with overlapping areas of operation needs
to be invariably avoided for minimizing conflicts, wastage, conserving and
preserving resources and promoting focused planned development.
(v) Defining Development Controls/Building Bye-Laws
In order in ensure that built environment of appropriate quality and order is
created, it will be essential to put in place proper system of developmental control
within the peri-urban areas. All building plans must conform to those regulation
and controls and all plans should be got approved from competent authority
before construction in the area is undertaken. Since peri-urban areas are future
urban areas, accordingly, it will be important that bye-laws applicable in the city
should also be extended to the peri-urban areas, so that construction in area is
regulated on the pattern of the mother city. However, specific bye-laws could be
made for eco-sensitive areas or areas of heritage importance.
(vi)Regulating Sub- division of Land
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It has been observed that peri-urban areas are subjected to massive unplanned and
haphazard sub-division of land which leads to large number of growth maladies
in these areas. Accordingly, it becomes critical that unplanned sub-division of
land in the area is effectively regulated. This would call for evolving appropriate
layout plan, defining clearly the road network/amenities/services, defining shape
and size of the individual parcels of land, laying down clearly set-back lines,
ground coverage, height and FAR, so that growth and development of the area is
orderly and rational. All sub-division of land should be subjected to approval
from the defined Authority so that haphazard growth is minimized. A well
defined framework containing appropriate planning and developmental norms for
sub-division and provision of amenities would be essential and critical to achieve
the objective.
(vii) Regulating Conversion of Land Use
In order to minimize land speculation and emergence of non-conforming land
uses, conversion of land from agricultural to non-agricultural uses should be
effectively and efficiently regulated. It should be made more objective and
focused. All applications are required to be processed in accordance with the
provision of Master Plan and only those meeting the proposals of master plan
should be approved. The power vested with the state government to permit
change of land use in contradiction to the Master Plans should be dispensed with
in order to ensure that the entire growth in the peri-urban areas is within four
corners of Master Plan.
(viii) Levying Charges
For permitting sub-division and development within the peri-urban areas, it
would be critical to levy charges for provision of local and city level
infrastructures. Both internal and external developmental charges should be
levied in order to generate resource for providing trunk services in the area.
Charges for change of land use from agricultural to non-agricultural land use on a
pre-defined scale should also be levied in order to raise resources for the rational
development of the peri-urban areas. The charges should be levied on differential
scale considering the nature of converted land use, intensity of development and
location of the converted land.
(ix)Creating Appropriate EnforceMent Machinery
In order to rationalize the growth of peri-urban areas, it will be critical not only to
put a proper planning framework, but equally important would be to create a
well-equipped enforcement machinery in order to check any violation, haphazard
& unplanned development, unauthorized sub-division of land and creation of
slums. Such machinery must include manpower of appropriate order with enough
power, equipment and resources to meet any contingency. Separate fast-track
courts should be created to deal with cases of violation in the peri-urban areas in
order to ensure their quick disposal. This would help in minimizing violations in
the peri-urban areas.
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(x) Redefining the urban Limits
In order to ensure that peri-urban areas do not remain outside the ambit of growth
& management and people living therein are not deprived of basic urban
infrastructure/services/amenities, it would be critical that local authority limits
are re-defined periodically based on the well defined parameters so as to make
peri-urban areas integral part of mother city. For this a detailed exercise must be
undertaken for each urban settlement by the state Department of Town Planning
in collaboration with the Department of Local Government to redefine the
municipal boundaries. Infact, it would be critical for the state government to
create a permanent machinery which can go into this issue on continued basis and
ensure that no peri-urban area suffers mutilation and subjected to forces of
unplanned development in the state. Once peri-urban areas are integrated with the
mother city, most of the urban problems can have rational solutions.
4.2 Considering the critical role of peri-urban areas in the context of urban development, it
would be important that these areas are properly defined, rationally planned and
effectively managed in terms of their growth and development. Unfortunately most of
the peri-urban areas don’t find recognition in the parlance of existing planning and
management system. Legal framework to regulate the area is conspicuous by its absence.
Emergence of large number of peri-urban areas can be attributed to the policies and
programs enunciated by the government. Setting up of major projects in isolation and
away from the cities invariably leads to emergence of such areas. Present policy of
approving Special Economic Zones (SEZ), away from the existing urban centres without
any supporting framework for planned development of peri-urban areas is going to lead
to enormous conversion, subdivision of land and haphazard growth and development
around SEZs. It would be important that the issue is looked at critically and an effective
legal framework to regulate the development in these areas is put in place on priority.
Infact, future liveability, sustainability and productivity of Urban- India will hinge upon
how professionally, effectively and efficiently we manage our peri-urban areas.
5. Chandigarh Periphery : Approach And Development
5.1 Thanks to considerable non-plan development, not only within the city, but also on its
periphery, Chandigarh has failed to live with its identity as a fully planned urban island
encompassed by a green belt of surrounding countryside. An urge to find a place within
or around this city of economic opportunity and ecological quality is not difficult to
understand.
5.2 For a proper understanding of factors operating behind all this, we need to divide the
time into two sub-periods: (i) pre-reorganization and (ii) post reorganization period.
i) Pre-Reorganization period
An onslaught on the rural periphery was feared right from the time of birth of
Chandigarh. The Punjab New Capital (Periphery) Control Act was enacted in
1952 to pre-empt this. The Act envisioned the creation of a periphery around the
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capital city of Chandigarh to achieve the objectives of promoting healthy and
planned development of the new capital by preventing growth of slums and
ramshackle constructions and to make available land free from all obstructions
and unauthorized constructions for future expansion of the city. In addition, the
Act aimed at regulating the use of land by preventing unauthorized and
unplanned urbanization besides its haphazard subdivision into small parcels. In
view of rapid growth of urbanization, the periphery, which was initially placed at
8 km. around the capital city, was subsequently extended to 16 km. in 1962. The
stipulated objectives were to: (i) check the expansion of the city beyond its
planned site; (ii) control any speculation in land: and (iii) provide green environs
for the city. City and periphery went along very well till 1966, as the growth of
population was slow and developmental pressure had not built up. The existence
of a single agency in the form of Capital Project ensured that no unauthorized
construction gained momentum in the area. The development plan prepared for
the periphery provided for freezing the entire area against any urbanization; and
aimed at maintaining its general character, essentially agricultural. Thus the role
and functions of city and periphery were clearly demarcated- the city providing
basic and higher order services, infrastructures, amenities, besides the space for
living, working, culture of body and mind and circulation, and the periphery
performing the role of a sustainer and provider of basic day to day needs of the
city and its residents.
ii) Post-Reorganization Scenario
Reorganization of Punjab on linguistic basis in 1966 emerged as the watershed in
the history of city development. It changed the very context of periphery when it
got sub-divided into three distinct parts with the largest part going to state Punjab
(76%) and Haryana and Chandigarh left only with 21% and 3%, respectively of
the original area of around 1400 sq. km. Punjab and Haryana states made the best
possible economic use of the Periphery in close proximity to Chandigarh by
setting up new settlements of S.A.S. Nagar (Mohali) and Panchkula, defeating the
main objective for which the periphery was created. Since the establishment of
S.A.S. Nagar (Mohali) and Panchkula from 1967, periphery area has never rested
and has undergone enormous development, both planned and unplanned but
largely unplanned. With little control over the area and lack of commitment on
the part of the respective state agencies, peripheral area witnessed rapid growth
and development which was faster than what happened in the core cities of
Chandigarh, Panchkula and Mohali. By 2001, S.A.S. Nagar had attained a
population size of 123,284 and Panchkula 140, 925. During the last decade
(1991-2001), population in S.A.S. Nagar has grown by more than a half of its
size at 1991 Census. Against this, population of Panchkula has more than
doubled during the same time. Ribbon development has assumed a conspicuous
form in the periphery . Three prominent belts are easy to identify: Chandigarh-
Ambala highway, with Zirakpur, Baltana and Dhakauli villages most affected;
Chandigarh-Kalka highway, with Manimajra, Pipliwala, Marhiwala, and Nagal
Sodhian villages; and Chandigarh-Kharar road, with Mundi Kharar and Balongi
villages assuming urban character. Villages in the peripheral zone are exceeding
their statutory limits in many cases. In addition, there is considerable speculation
in agricultural land by the political, bureaucratic and other elites of the city.
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5.3 With only 44 Sq. Km. of periphery left, Chandigarh administration used the area partly
for urbanization and partly for rehabilitation of migrants to the city. State of Punjab,
unable to control and regulate development, regularized all unauthorized constructions
carried out in the area till December 1998, including declaring Zirakpur along with few
nearby villages as one of the urban centre. In addition, state of Punjab declared an area of
10,000 Acres as Free Enterprise Zone where industries could be set up without any
permission and without seeking any change of land use thus opening a large chunk of the
periphery to the forces of unplanned and haphazard industrialization. For catering to
growing urbanization, state of Punjab also declared a large chunk of area around Mohali
as planning area under the Punjab Regional and Town Planning and Development Act,
1995 and prepared a Master Plan of the area bringing substantial chunk of periphery
under the urbanization. State, however, did little to promote planned developments of the
urban centres, located within the periphery and these settlements continue to grow in the
most unplanned and haphazard manner. Also, Punjab government used extensively the
mechanism of permitting change in land use on adhoc basis leading to establishment of a
large number of institutions and unplanned constructions. State of Haryana on its part
evolved a new development plan for its areas in periphery on the analogy of the general
purpose master plan providing considerable area for urbanization and urban development
besides earmarking area for other related uses. All these developments have given a new
concept and definition to the periphery, not in consonance with the original objectives
enshrined in the Act.
5.4 Future Scenario
The city is gradually losing the eminence of its administrative status. More prominent are
its commercial and professional functions. Chandigarh is bound to grow into a vibrant
regional center.The future map of the city will be decided not only by what is happening
within it, but also by developments around. The periphery of Chandigarh is experiencing
rapid urban sprawl in the form of new towns, industrial installations, and residential
estates. A considerable amount of haphazard urban growth is also manifest. All this
intensifies pressure on the service base of the city, which will accentuate over time.
By all available indications it appears that periphery is going to be
subjected to large developmental pressure in future with states of Punjab,
Haryana and Chandigarh UT taking full advantage of its developmental
potential. In addition, due to the dilly-dally approach; speculators are
likely to have a field day with large area brought under unauthorized and
sub-standard sub-divisions.
In this scenario what are the options available now to protect the periphery. Should the
periphery be allowed to go the way it has gone over the years, unregulated and uncared?
Should it be allowed to be misused, mutilated, manipulated, speculated and subjected to
human greed? Has the Periphery Act lost its relevance and should be scrapped? Should
the area be frozen against all development when it has undergone total change or allowed
to be used for development in a planned or unplanned manner? If allowed to be
developed then what should be the development imperatives? These questions would
require answers and solutions from professionals.
5.5 Imperatives
12
• Considering the ground reality, it appears that the periphery has attained high degree of
volatility and growth potential, any effort to stop these developmental forces is likely to
prove counter-productive. The best option would be to channelise these forces in a most
productive manner to achieve the broad objectives enshrined in the Act and maintaining
the sanctity of periphery. Accordingly, a coordinated approach to evolve an appropriate
policy of growth and development would be critical.
• It would be a fallacy to consider periphery as a static concept against the dynamism of
the urban system of which it forms an integrated part. If city has out-grown its defined
limits as envisioned in the Master Plan and has over shadowed part of the Periphery, then
such area of the periphery around the city must give way for catering to the growing
needs of the city and should be treated as an integral part of the city itself. Such an
approach would help in maintaining balance between city and periphery. Accordingly, it
would be appropriate that area ripe for development should be clearly identified and used
for promoting planned development without adversely impacting the broad framework of
the urban system. Such an approach would help in not only using a smaller portion of
periphery for urban purposes but would help in preserving major portion of the area in its
natural form. The area identified for urbanization should be such that it permits
integrated development of Chandigarh, Panchkula and S.A.S Nagar (Mohali) as a single
urban complex.
• In order to ensure the planned growth within a pre-defined planning framework, it would
be appropriate to redraw the development plan for the periphery clearly identifying the
area proposed for development, area proposed for protection and area where low
intensity development would be permitted..
• The present ad-hoc system of granting change of land use should be dispensed with in
order to avoid misuse of the provision. Change of the land use, if any, should be
permitted keeping in view the broad contours of the development plan.
• The concept of Free Enterprise Zone (FEZ) should be immediately scrapped in order to
save larger area from further mutilation by unplanned industrial growth. All industries
must be located within urban areas as an integral part of city growth and developmental
framework. Development framework for the FEZ area should also be prepared in order
to upgrade the level of services in the area where industries have already come up.
• States must put in place a joint strategy for combating the menace of haphazard and
unplanned growth in periphery with the help of effective and efficient enforcement
machinery. Setting up of special courts/tribunal for trying offences committed under the
Periphery Act would help in minimizing the violations. Making unauthorized
construction as a cognizable offence would act as an effective deterrent to stop these
constructions. All unauthorized constructions must immediately be identified and
demolished without delay.
• Unauthorized subdivision of land needs to be stopped with no registration allowed for
areas which are likely to be misused for urbanization and construction purposes. All sale
and purchase of land within periphery should be subjected to close scrutiny by the
revenue authority with prior NOC obtained from the competent authority.
• Development, wherever permitted within periphery should be subjected to well defined
planning norms and standards. Institutions involved in promoting research in the area of
health, education etc. and regional level infrastructures requiring large land area with
small built up area may be permitted within the broad guidelines in the identified zones.
13
• Use of remote sensing for monitoring the ground realities, enforcement and for evolving
planning framework would be fruitful in the long run. The growth and development of
villages within the periphery needs to be monitored effectively with adequate provision
made to meet the needs of their natural growth. However, enough safeguard needs to be
put in place to minimize misuse and speculation of land available or permitted for
development in these villages.
• It would be prudent to upgrade the available infrastructure in the periphery including
road network, water supply, sewerage etc. in order to promote better quality of life
within rural settlements to minimize out migration. Efforts should also be made to
upgrade the available skills in these villages in order to increase productivity of these
centres and improve their economic status.
• A comprehensive development proposal needs to be prepared and implemented to restore
the lost glory of the Shivalik foothills (Ecological Frazil Zone) This would help in
restoring the forest cover in the area, improving its micro-climate, minimizing soil
erosion, improving moisture receptivity of land, facilitating reemergence of flora and
fauna besides providing large area for recreating and leisure in close proximity to the
urban centres.
• It would be in the best of the interest of states to maintain the sanctity of the periphery
area in order to minimize possibilities of unauthorized, haphazard and sub-standard
development coming up around the planned urban centres of Chandidarh, SAS Nagar
and Panchkula. A coordinated effort would be essential pre-requisite for achieving the
broad objectives of the Act, relevance of which has not yet been lost in the maze of
uncoordinated and unplanned development.
5.6 Conceptually periphery represents one of the best option for promoting balanced growth
of urban and rural settlements in a mutually beneficial and supportive manner and
accordingly needs to be protected and promoted with total commitment and sincerity.
Adoption of the principle of developing all the urban centres with their defined periphery
can usher an era of balanced growth and prosperity, eliminating existing dichotomy and
conflicts in urban and rural interests.
6. References
o Managing Change in Paradise-Sustainable Development in Peri-urban areas :
Report of Parliamentary Commissioner, New Zealand.
o Dhote/ Supriya Vyas / Dr. Ashutosh Sharma- Strategies for Redevelopment of
peri-urban areas-A case of South Bhopal- 55th NTCP Kochi
o Zhang Jiaian- Ecological Construction and Regulation and Rebuilding of Eco-
industries in Peri-urban areas- Internet conference of Eco-city development.
o Gupta J.K. - Imperatives for Planned Development of Chandigarh Periphery.
o Gupta J.K. - The Punjab New Capital (Periphery) Control Act, 1952- An
Analysis.
o Kant Surya- Chandigarh a City of Two Plans
14
15

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Legal Imperatives for Rationalized Planning and Development of Peri-Urban Areas with special reference to Chandigarh Periphery

  • 1. Legal Imperatives for Rationalized Planning and Development of Peri-Urban Areas with special reference to Chandigarh Periphery ∗ J.K. Gupta 1. Introduction 1.1 Looking historically, one can see clearly that ‘Homo Sapiens’ did not start life as urban creatures. If finding food, security and a settled life were the major factors for establishing villages, then learning, innovation, sophistication, trade and commerce became the major drivers of creating urban centers. City development has been found to be positively co-related and synonymous with human development. With cities emerging as centers of exchange, both of goods and ideas, they became centre of excellence, innovations and learning, attracting large number of people in the process. Over the years with the growth in population, city also grew in physical terms and size to accommodate large population and to provide for their housing and other support infrastructure and activities. 1.2 Despite the rapid growth of cities and towns witnessed in the post-independence period, the city size and shape officially continued to be static. These limits were officially defined by the parastatal agencies under the municipal law and most of these limits were defined without taking into account the existing and future growth and development, within and outside the area. With numerous factors governing the definition of urban boundaries, the process remained slow and static. In large number of cases the urban limits remained static even over a span of 10-15 years despite the fact that during this period population of the urban center increased by more than 50-75%. This lead to the growth and development coming up right outside urban limits which had become highly potential. 1.3 Pace of peri-urban areas development was largely determined by limited options available within the existing limits of urban centres. Slow pace of development of urban land, legal restrictions on land development within urban centres, locational advantage, lower land values and easy accessibility to the urban infrastructure and work centers are the critical factors leading to the growth and development of peri-urban areas. Over a period of time, the growth and development of areas outside the urban limits assumed importance and became synonymous with the growth and development of the mother city. Infact, in certain cases the momentum of growth outside urban limits has been found to be of higher order due to numerous factors constraining the development within the city. As per one of the study of Bhopal metropolis, it has been revealed that the share of various parts of the city had shown distinct characteristics. As the city grew outwards, the share of old part of the city reduced drastically from 70% during 1970 to 40% in 2001. Major gainers of the population have been found to be areas on the periphery, within & outside the planning boundary and the peri-urban areas. 1.4 Peri-urban areas have been found to be under lot of developmental pressure due to centrifugal forces generated by the mother city besides activities in such areas have strong interface with the mother city. Accordingly, the development in the periphery of the urban areas assume importance for proper regulation in order to rationalize the planned growth of the urban centres of which peri-urban areas form an integral part.  Director, College of Architecture, IET-Bhaddal (ROPAR) 1
  • 2. Unfortunately in India, in most of the cases urban peripheral areas are not being subjected to strict legal controls, despite the fact that these areas are witnessing rapid transformation. Considering the role and importance of the peri-urban areas, it becomes critical that development of these areas is objectively looked into and appropriate strategies, which minimizes conflicts and strengthen rural-urban interface and integrated city and peri-urban areas in a phased manner, are evolved to make them integral part of the city growth and developmental process. Such an approach would help in making urban areas more liveable and productive. 2. Defining Peri-Urban Areas 2.1 In the Indian context, peripheral urban areas have not been duly recognized in terms of their role and importance in rationalizing and promoting the planned growth of urban centers and making cities more humane, more productive and more sustainable. These areas have been left largely to be exploted by the speculators, individuals, real-estate developers and builders to create structures and sub-divide the land against all planning and developmental norms. In the Indian context, the peri-urban areas do not find much recognition in the existing planning and legislative framework. However, in all western countries, the peri-urban areas are strictly regulated in terms of their definition and parameters of planning and development. Peri-urban area has been defined: As an area around an urban settlement which is distinctive in character having diverse and mixed land uses and residents. These are the areas generally located outside the municipal limits. In U.S.A. Peri-Urban areas in the state of Houston is defined on the basis of numerous inter- linked factors which include population density, employment in non-agricultural industries and population mobility. New Zealand Parliamentary Commissioner for the Environment has defined the term “Peri-urban”: As those areas which are in some form of transition from strictly rural to urban. These areas form the immediate urban-ruralinterface and may even fully evolve into being fully urban. Peri-urban are places where people are key components- they are lived in environments. The majority are on the fringe of established urban areas but they may also be clusters of rural residential development within rural landscape. 2.2 In the Indian scenario, sporadic and limited efforts have been made to define the extent of the peri-urban areas. First attempt was made in the case of new capital city of Chandigarh, where initially 8 km. stretch outside the project area was defined as “Periphery” in order to regulate the growth and development outside the limits of the new city and to put a check on the haphazard, unplanned and sub-standard growth besides making land available, free from all encumbrances, for future growth and expansion of the new city. The extent of periphery was subsequently increased to 16 km considering the pressure of development around the capital city. Defining the Periphery of Chandigarh was done under the provisions of Punjab New Capital (Periphery) Control Act, 1952. 2
  • 3. 2.3 State of Punjab has also been pioneer in recognizing the role and importance of peri-urban areas in the context of planned urban development when in 1963, a legal framework, “The Punjab Scheduled Roads and Controlled Areas (Unregulated) Development Act”, was put in place which inter-alia provided for declaring area up to 8 km around any city/town to be declared as Controlled area which would be subjected to distinct controls, rules and regulations evolved under a Development Plan prepared under the Act.. It also provided for regulating development along all important roads and Bye-passes defined in the Act in order to rationalize the peri-urban growth along these roads, outside the municipal limits. The stretch proposed to be regulated varied from 30 meters along Scheduled Roads and 100 meters along Bye-passes. However, the said Act was repealed in 1995 with the enactment of The Punjab Regional and Town Planning and Development Act despite the fact that the Act had and important objective and useful purpose to serve. The 1995 Act did not have similar provisions to take care of the planned and regulated development of peri-urban areas. Haphazard and peri-urban growth in the State of Punjab has got accelerated since 1995 leading to emergence of numerous problems for the urban areas. 2.4 State of Haryana has also attempted to define peri-urban areas under the Punjab Scheduled Roads Act and the Haryana Urban Areas, Act 1975. Under the Haryana Urban Areas Act, areas outside the municipal limits could be declared as urban areas which are subjected to strict developmental controls defined in the Development Plan. Haryana model of development focuses on the need and importance of the rational and planned development of the peri-urban areas whereas development of core urban areas/mother city is left to the municipal law where no provision exists for the preparation of the Development Plan. This model is based on the premise of using the potential of peri-urban areas which have little development but offer enormous options to developers to acquire cheaper land and promote urban development on a massive scale by creating large residential, commercial colonies and townships. 2.5 With regard to the extent of the peri-urban areas defined in the case of Chandigarh, it is observed that the Punjab New Capital (Periphery) Control Act, 1952 does not specify any limit of such area. It was perhaps the vision of the first Capital Project Team, which included eminent Architects, Planners, Administrators and Engineers, who considered prudent that 8 km. would be sufficient to regulate the development around the new city. However, no study was carried out while defining the extent of the periphery of the city. Stipulations made in the “The Punjab Scheduled Roads and Controlled Areas (Unregulated) Development Act,1963 with regard to defining the extent of peri-urban areas seem to have been largely influenced by pattern followed in Chandigarh. Haryana Urban Areas Act defines 5 km as the extent of peri-urban areas against 8 kms. specified in the other law. However, in all these cases, objective and well defined criteria to determine peri-urban areas are absent. Accordingly, considering the large implications of the peri-urban areas, it becomes critical that the extent of such areas should be properly delineated based on well defined parameters. It would not be appropriate to limit the extent of peri-urban areas by defining it in the law itself because the extent of the peri-urban areas would vary with individual settlement. Accordingly, it will be more rational and appropriate if instead of defining the extent of area, proper methodology and objective criteria are laid down in the law to delineate the area. 3
  • 4. 3. Development Issues 3.1 In this era of globalization of liberalization of Indian economy, peri-urban areas have emerged as preferred destination for most of the economic activities which largely dictate the direction of the future growth and development of the city. Major triggers of the rapid development of peri-urban areas in the Indian context have been identified as: • High growth potential for urban and industrial development. • Existence of developmental triggers like large industrial/institutional units, major road/rail network. • Existence of large number of godowns & whole sale markets. • Existence of inefficient land market and inadequate supply of serviced land within the mother city. • Prevailing high land prices within the core area. • Existence of restricting legal framework (like ULCRA), and irrational Development Control Regulations within the mother city. • Better options for cheaper, spacious and affordable housing. • Simpler and liberal process of approvals for development, conversion of land use and grant of building permissions. • Easier availability of large quantum of land at cheaper rates. • Easy accessibility to the mother city including its specialized infrastructure and services. • Close proximity to work centers and centers of employment. • Comparatively low cost of living. • Absence of any toll, taxes, levies, fees etc. • Availability of basic amenities and services at comparatively lower price. 3.2 Peri-urban areas because of their close proximity to the mother city, are subjected to numerous development forces which results in changing their basis rural character. Due to absence of any regulatory authority, the development in the areas is subjected to whims and fancies of the individuals. In the absence of any planning framework, most of the development is both haphazard and unplanned. The area suffers from lack or absence of basic infrastructure and services despite the fact, it houses large number of people. The extent of the peri-urban areas have been found to have positive co-relation with the size of the mother city i.e. larger the city, larger would be the extent of peri-urban limits. In addition to the development outside the municipal boundaries, area along major road network also witnesses linear/corridor pattern of development. Thus peri-urban areas have features which are distinct from those of urban and rural areas. It has development which is not compact and contiguous. Development to a large extent is interspersed with agricultural pockets. 3.3 Looking at above factors, the basic characters of peri-urban areas can be defined as : • General absence of a well-defined legal framework for planning, development & management. • Absence/multiplicity of planning and developmental agencies to regulate development within the area. 4
  • 5. • Absence of well defined planning framework to guide, rationalize and promote orderly growth of the area. • Large scale conversion of agricultural land into non-agricultural uses due to easy procedures/absence of any legal framework. • Unauthorized and haphazard sub-division of agricultural land into small parcels. • Absence of building bye-laws or zoning regulations to rationalize use of land and control of built environment. • High degree of land speculation due to comparatively lower land values and simple procedures of land conversion. • Irrational/ non- conforming land use pattern. • Dispersed pattern of development with absence of basic infrastructure and services. • Absence of a rationalized traffic & transportation network with corridor pattern of development along the existing road network. • Generally low quality of development and low quality of life prevailing in the area. • Existence of slums/ low quality housing, informal settlements. • Poor accessibility within the habitable areas. • High degree of environmental pollution/ Degraded Environment. • Inadequate provision of basic services / infrastructure and absence of trunk services. 3.4 Thus, it can be seen that in the Indian context peri-urban areas, which are on a massive roll today are being subjected to large developmental forces and pressures. Infact they are the areas which are going to become urban over a period of time, once municipal limits are extended. Then they would be required to be provided with appropriate level of planning and developmental input to integrate them with the existing framework of the city and its services. Considering the pattern of development existing in the peri-urban areas, process becomes highly cumbersome and problematic and poses numerous challenges and problems of integration with the result, these areas continue to be neglected and suffer for considerable time. To minimize such eventualities, it becomes critical that peri-urban areas are clearly identified for each settlement and adequately looked after by a properly defined development authority within a planning framework so that their integration with the city does not pose any problem subsequently. 3.5 Peri- urban areas have been found to have significant ecological, bio-diversity, land form, natural character, landscape and cultural/ natural heritage values. For preserving these valuable gifts, it becomes all the more important that these areas are rationally and thoughtfully studied and planned with sensitivity. Since peri-urban development has serious repercussion for the mother city, it becomes all the more critical that a proper legal framework is put in place on priority to effectively and efficiently integrate, manage the growth and development of such areas. 3.6 As per the report of the New Zealand Parliamentary Commissioner, environmental management and planning framework surrounding peri-urban areas is a complex process due to large number of agencies with varied range of functions involved in their 5
  • 6. management. The investigation made by the Commissioner highlights variety of approaches adopted for environmental planning and management. The effectiveness of the planning processes evaluated in the case studies varied considerably. Effectiveness tended to relate to the quality and quantity of the inputs: inadequate inputs led to inadequate outputs while adequate inputs sometimes led to acceptable outputs. In all cases the long-term environmental outcomes are at best unclear or problematic, and at worst very probably poor. The investigation highlights a range of issues that seem to be compromising the effectiveness of the environmental planning and management processes in the peri-urban areas. Most of these issues have their relevance to Indian context and accordingly need to be critically looked into for proper management of the peri-urban growth. The issues include : • Limited capacity of the planning processes to identify and manage tensions and conflicts. The communities living in peri-urban areas are diverse and hold a divergent range of opinions. Debate over the nature and extent of property rights is a significant tension. • Local and regional communities feel there has been poor leadership from national agencies on how to manage these areas. • Local vision and leadership has at times been inconsistent, subject to re- litigation and lacking in long-term consensus. • Institutional capacity to promote the sustainable development of the peri-urban areas, both intellectual and financial, is variable. • Tendency to rely on the District Plans as the primary tool for managing the sustainability of peri-urban areas. However, some councils are effectively using other tools to influence environmental outcomes in peri-urban areas, such as acquisition of reserves and walkways, information, and guidelines for best practice. • Accountability in the system is weak: the checks and balances when an agency is not carrying out its statutory responsibilities adequately are limited and not often activated. It is often left to community groups who are poorly resourced to carry out this function. • Baseline resource information is not particularly good, even in the best resourced councils. • Capability to define and manage cumulative effects is critical but variable and the tools to do so are weak. • Monitoring of implementation and environmental outcomes is not particularly good. 4. Strategy 4.1 Looking at the existing pattern of growth and development of urban centres in India, it has been observed that “peri-urban” areas have profound influence and major implications for core urban areas in terms of their planning, development and management. Major derivatives for such implications have been found to be existence/ absence of any legal framework, existence/ absence of any planning and development agency to define, promote, regulate and manage the pattern of development in the area. Considering the valuable contribution of the peri- urban areas in terms of providing day- to-day needs, employment, shelter, economy and sustainability to the mother city, their 6
  • 7. planned development assumes importance. Strategies accordingly, shall have to be formulated in order to ensure that peri-urban areas contribute effectively to the sustainability, growth and development of the mother city rather than, becoming a parasite on its resources. Such a strategy should essentially revolve around; (i) Creating proper legal frame work It has been observed that planning legislation has profound implications for urban development because it defines the system of urban development, establishes the system of urban planning and regulation of land development. It also defines and delimits the role of urban planners and managers. All urban laws also define and provide for basic procedures which have to be followed in the plan preparation and plan approval before they are made operational. It also include the penalties to be imposed in case of the violation of the provisions of the plan. Therefore, in all civilized and democratic societies, existence of a well defined legal framework is a pre requisite to regulate the growth and development of urban centres. Unfortunately in India very few states have dedicated legal framework which addresses the need of planned development in the peri-urban areas. Most of the laws are framed with a focus to take care of the planned development of the mother city in the shape of master plans or development plans. These laws do not recognize the peri- urban areas as the area requiring planned development. In the absence of this, these areas are not subjected to any planning and development mechanism. However, in certain cases, concept of planning areas, urbanisable areas are followed in the preparation of master plan but in most of the cases these areas are marked for uses other than urban and are outside the framework of implementation. Accordingly it becomes essential that a proper legal framework must be put in place to effectively regulate the development outside the urban areas. Once legal framework is put in place, proper management of peri-urban areas would be much easier, effective and efficient. Option in this regard to define peri-urban areas as an integral part of all municipal and urban development related laws should be explored with adequate provision made to regulated the development in the area. Further municipal authorities should be given the power and authority to check haphazard / unplanned development and to regulate and promote planned development of the peri-urban areas identified on their urban boundaries. (ii) Defining Peri- Urban areas. In order to ensure the planned growth of Peri-Urban areas, it will be critical to precisely define the extent of Peri- Urban areas for each city so that it can be taken care of in the planning and development process. It has also been observed that peri-urban is not a static but a dynamic concept, accordingly its extent varies with the extent of the mother city. Larger the mother city, greater has been found to be the extent of peri- urban area. Accordingly, It is important that these areas are delineated with care and sensitivity. For this a well defined set of parameters will be required based on which peri-urban areas could be defined. These parameters could include population, population density, percentage of work force engaged in activities other than agriculture, areas of natural/ built heritage, pattern of economic and physical growth and development, economic potential of the area, proximity and accessibility / connectivity with the mother city. 7
  • 8. (iii) Peri- Urban areas to be made Integral Part of Planning Process Despite the fact that pre-urban areas have important role and enormous potential to contribute to the natural growth and development of urban areas, they have not been duly recognized by planners and accordingly peri-urban areas find no recognition in the parlance of the planning process. In fact most of the existing problems of urban areas have their genesis in the mismanagement of the peri-urban areas and their perpetual neglect. Accordingly, for rationalizing and promoting planned development of the urban centres, it would be critical to make the peri- urban areas as integral part of city planning and development process. Considering their proximity and future growth and development of the city, these areas need to be planned as an extension of the mother city, so that the services/infrastructure /road net-work of both these areas are effectively integrated. Once this is done, achieving the objective of planned development of peri-urban areas would be much easier, simpler and quicker. (iv)Designating Agency for the Regulating Growth and Development Most of the growth of peri-urban areas in the Indian context has been found to be both haphazard and unplanned. Major cause for this malady can be attributed to the absence of any agency designated to regulate the growth in the area. Accordingly, it will be important that an appropriate agency must be designated to regulate the development in the peri-urban areas. It could be a regional level authority in the case of a regional plan which should be entrusted with the task of managing all identified peri-urban areas in the region. Task could also be entrusted to District Planning Committee / Metropolitan Planning Committee provided these committees have necessary level of planning, development and management input. However, in case of peri-urban areas of an individual settlement, the task of management should invariably be entrusted to the city level agency. Multiplicity of agencies with overlapping areas of operation needs to be invariably avoided for minimizing conflicts, wastage, conserving and preserving resources and promoting focused planned development. (v) Defining Development Controls/Building Bye-Laws In order in ensure that built environment of appropriate quality and order is created, it will be essential to put in place proper system of developmental control within the peri-urban areas. All building plans must conform to those regulation and controls and all plans should be got approved from competent authority before construction in the area is undertaken. Since peri-urban areas are future urban areas, accordingly, it will be important that bye-laws applicable in the city should also be extended to the peri-urban areas, so that construction in area is regulated on the pattern of the mother city. However, specific bye-laws could be made for eco-sensitive areas or areas of heritage importance. (vi)Regulating Sub- division of Land 8
  • 9. It has been observed that peri-urban areas are subjected to massive unplanned and haphazard sub-division of land which leads to large number of growth maladies in these areas. Accordingly, it becomes critical that unplanned sub-division of land in the area is effectively regulated. This would call for evolving appropriate layout plan, defining clearly the road network/amenities/services, defining shape and size of the individual parcels of land, laying down clearly set-back lines, ground coverage, height and FAR, so that growth and development of the area is orderly and rational. All sub-division of land should be subjected to approval from the defined Authority so that haphazard growth is minimized. A well defined framework containing appropriate planning and developmental norms for sub-division and provision of amenities would be essential and critical to achieve the objective. (vii) Regulating Conversion of Land Use In order to minimize land speculation and emergence of non-conforming land uses, conversion of land from agricultural to non-agricultural uses should be effectively and efficiently regulated. It should be made more objective and focused. All applications are required to be processed in accordance with the provision of Master Plan and only those meeting the proposals of master plan should be approved. The power vested with the state government to permit change of land use in contradiction to the Master Plans should be dispensed with in order to ensure that the entire growth in the peri-urban areas is within four corners of Master Plan. (viii) Levying Charges For permitting sub-division and development within the peri-urban areas, it would be critical to levy charges for provision of local and city level infrastructures. Both internal and external developmental charges should be levied in order to generate resource for providing trunk services in the area. Charges for change of land use from agricultural to non-agricultural land use on a pre-defined scale should also be levied in order to raise resources for the rational development of the peri-urban areas. The charges should be levied on differential scale considering the nature of converted land use, intensity of development and location of the converted land. (ix)Creating Appropriate EnforceMent Machinery In order to rationalize the growth of peri-urban areas, it will be critical not only to put a proper planning framework, but equally important would be to create a well-equipped enforcement machinery in order to check any violation, haphazard & unplanned development, unauthorized sub-division of land and creation of slums. Such machinery must include manpower of appropriate order with enough power, equipment and resources to meet any contingency. Separate fast-track courts should be created to deal with cases of violation in the peri-urban areas in order to ensure their quick disposal. This would help in minimizing violations in the peri-urban areas. 9
  • 10. (x) Redefining the urban Limits In order to ensure that peri-urban areas do not remain outside the ambit of growth & management and people living therein are not deprived of basic urban infrastructure/services/amenities, it would be critical that local authority limits are re-defined periodically based on the well defined parameters so as to make peri-urban areas integral part of mother city. For this a detailed exercise must be undertaken for each urban settlement by the state Department of Town Planning in collaboration with the Department of Local Government to redefine the municipal boundaries. Infact, it would be critical for the state government to create a permanent machinery which can go into this issue on continued basis and ensure that no peri-urban area suffers mutilation and subjected to forces of unplanned development in the state. Once peri-urban areas are integrated with the mother city, most of the urban problems can have rational solutions. 4.2 Considering the critical role of peri-urban areas in the context of urban development, it would be important that these areas are properly defined, rationally planned and effectively managed in terms of their growth and development. Unfortunately most of the peri-urban areas don’t find recognition in the parlance of existing planning and management system. Legal framework to regulate the area is conspicuous by its absence. Emergence of large number of peri-urban areas can be attributed to the policies and programs enunciated by the government. Setting up of major projects in isolation and away from the cities invariably leads to emergence of such areas. Present policy of approving Special Economic Zones (SEZ), away from the existing urban centres without any supporting framework for planned development of peri-urban areas is going to lead to enormous conversion, subdivision of land and haphazard growth and development around SEZs. It would be important that the issue is looked at critically and an effective legal framework to regulate the development in these areas is put in place on priority. Infact, future liveability, sustainability and productivity of Urban- India will hinge upon how professionally, effectively and efficiently we manage our peri-urban areas. 5. Chandigarh Periphery : Approach And Development 5.1 Thanks to considerable non-plan development, not only within the city, but also on its periphery, Chandigarh has failed to live with its identity as a fully planned urban island encompassed by a green belt of surrounding countryside. An urge to find a place within or around this city of economic opportunity and ecological quality is not difficult to understand. 5.2 For a proper understanding of factors operating behind all this, we need to divide the time into two sub-periods: (i) pre-reorganization and (ii) post reorganization period. i) Pre-Reorganization period An onslaught on the rural periphery was feared right from the time of birth of Chandigarh. The Punjab New Capital (Periphery) Control Act was enacted in 1952 to pre-empt this. The Act envisioned the creation of a periphery around the 10
  • 11. capital city of Chandigarh to achieve the objectives of promoting healthy and planned development of the new capital by preventing growth of slums and ramshackle constructions and to make available land free from all obstructions and unauthorized constructions for future expansion of the city. In addition, the Act aimed at regulating the use of land by preventing unauthorized and unplanned urbanization besides its haphazard subdivision into small parcels. In view of rapid growth of urbanization, the periphery, which was initially placed at 8 km. around the capital city, was subsequently extended to 16 km. in 1962. The stipulated objectives were to: (i) check the expansion of the city beyond its planned site; (ii) control any speculation in land: and (iii) provide green environs for the city. City and periphery went along very well till 1966, as the growth of population was slow and developmental pressure had not built up. The existence of a single agency in the form of Capital Project ensured that no unauthorized construction gained momentum in the area. The development plan prepared for the periphery provided for freezing the entire area against any urbanization; and aimed at maintaining its general character, essentially agricultural. Thus the role and functions of city and periphery were clearly demarcated- the city providing basic and higher order services, infrastructures, amenities, besides the space for living, working, culture of body and mind and circulation, and the periphery performing the role of a sustainer and provider of basic day to day needs of the city and its residents. ii) Post-Reorganization Scenario Reorganization of Punjab on linguistic basis in 1966 emerged as the watershed in the history of city development. It changed the very context of periphery when it got sub-divided into three distinct parts with the largest part going to state Punjab (76%) and Haryana and Chandigarh left only with 21% and 3%, respectively of the original area of around 1400 sq. km. Punjab and Haryana states made the best possible economic use of the Periphery in close proximity to Chandigarh by setting up new settlements of S.A.S. Nagar (Mohali) and Panchkula, defeating the main objective for which the periphery was created. Since the establishment of S.A.S. Nagar (Mohali) and Panchkula from 1967, periphery area has never rested and has undergone enormous development, both planned and unplanned but largely unplanned. With little control over the area and lack of commitment on the part of the respective state agencies, peripheral area witnessed rapid growth and development which was faster than what happened in the core cities of Chandigarh, Panchkula and Mohali. By 2001, S.A.S. Nagar had attained a population size of 123,284 and Panchkula 140, 925. During the last decade (1991-2001), population in S.A.S. Nagar has grown by more than a half of its size at 1991 Census. Against this, population of Panchkula has more than doubled during the same time. Ribbon development has assumed a conspicuous form in the periphery . Three prominent belts are easy to identify: Chandigarh- Ambala highway, with Zirakpur, Baltana and Dhakauli villages most affected; Chandigarh-Kalka highway, with Manimajra, Pipliwala, Marhiwala, and Nagal Sodhian villages; and Chandigarh-Kharar road, with Mundi Kharar and Balongi villages assuming urban character. Villages in the peripheral zone are exceeding their statutory limits in many cases. In addition, there is considerable speculation in agricultural land by the political, bureaucratic and other elites of the city. 11
  • 12. 5.3 With only 44 Sq. Km. of periphery left, Chandigarh administration used the area partly for urbanization and partly for rehabilitation of migrants to the city. State of Punjab, unable to control and regulate development, regularized all unauthorized constructions carried out in the area till December 1998, including declaring Zirakpur along with few nearby villages as one of the urban centre. In addition, state of Punjab declared an area of 10,000 Acres as Free Enterprise Zone where industries could be set up without any permission and without seeking any change of land use thus opening a large chunk of the periphery to the forces of unplanned and haphazard industrialization. For catering to growing urbanization, state of Punjab also declared a large chunk of area around Mohali as planning area under the Punjab Regional and Town Planning and Development Act, 1995 and prepared a Master Plan of the area bringing substantial chunk of periphery under the urbanization. State, however, did little to promote planned developments of the urban centres, located within the periphery and these settlements continue to grow in the most unplanned and haphazard manner. Also, Punjab government used extensively the mechanism of permitting change in land use on adhoc basis leading to establishment of a large number of institutions and unplanned constructions. State of Haryana on its part evolved a new development plan for its areas in periphery on the analogy of the general purpose master plan providing considerable area for urbanization and urban development besides earmarking area for other related uses. All these developments have given a new concept and definition to the periphery, not in consonance with the original objectives enshrined in the Act. 5.4 Future Scenario The city is gradually losing the eminence of its administrative status. More prominent are its commercial and professional functions. Chandigarh is bound to grow into a vibrant regional center.The future map of the city will be decided not only by what is happening within it, but also by developments around. The periphery of Chandigarh is experiencing rapid urban sprawl in the form of new towns, industrial installations, and residential estates. A considerable amount of haphazard urban growth is also manifest. All this intensifies pressure on the service base of the city, which will accentuate over time. By all available indications it appears that periphery is going to be subjected to large developmental pressure in future with states of Punjab, Haryana and Chandigarh UT taking full advantage of its developmental potential. In addition, due to the dilly-dally approach; speculators are likely to have a field day with large area brought under unauthorized and sub-standard sub-divisions. In this scenario what are the options available now to protect the periphery. Should the periphery be allowed to go the way it has gone over the years, unregulated and uncared? Should it be allowed to be misused, mutilated, manipulated, speculated and subjected to human greed? Has the Periphery Act lost its relevance and should be scrapped? Should the area be frozen against all development when it has undergone total change or allowed to be used for development in a planned or unplanned manner? If allowed to be developed then what should be the development imperatives? These questions would require answers and solutions from professionals. 5.5 Imperatives 12
  • 13. • Considering the ground reality, it appears that the periphery has attained high degree of volatility and growth potential, any effort to stop these developmental forces is likely to prove counter-productive. The best option would be to channelise these forces in a most productive manner to achieve the broad objectives enshrined in the Act and maintaining the sanctity of periphery. Accordingly, a coordinated approach to evolve an appropriate policy of growth and development would be critical. • It would be a fallacy to consider periphery as a static concept against the dynamism of the urban system of which it forms an integrated part. If city has out-grown its defined limits as envisioned in the Master Plan and has over shadowed part of the Periphery, then such area of the periphery around the city must give way for catering to the growing needs of the city and should be treated as an integral part of the city itself. Such an approach would help in maintaining balance between city and periphery. Accordingly, it would be appropriate that area ripe for development should be clearly identified and used for promoting planned development without adversely impacting the broad framework of the urban system. Such an approach would help in not only using a smaller portion of periphery for urban purposes but would help in preserving major portion of the area in its natural form. The area identified for urbanization should be such that it permits integrated development of Chandigarh, Panchkula and S.A.S Nagar (Mohali) as a single urban complex. • In order to ensure the planned growth within a pre-defined planning framework, it would be appropriate to redraw the development plan for the periphery clearly identifying the area proposed for development, area proposed for protection and area where low intensity development would be permitted.. • The present ad-hoc system of granting change of land use should be dispensed with in order to avoid misuse of the provision. Change of the land use, if any, should be permitted keeping in view the broad contours of the development plan. • The concept of Free Enterprise Zone (FEZ) should be immediately scrapped in order to save larger area from further mutilation by unplanned industrial growth. All industries must be located within urban areas as an integral part of city growth and developmental framework. Development framework for the FEZ area should also be prepared in order to upgrade the level of services in the area where industries have already come up. • States must put in place a joint strategy for combating the menace of haphazard and unplanned growth in periphery with the help of effective and efficient enforcement machinery. Setting up of special courts/tribunal for trying offences committed under the Periphery Act would help in minimizing the violations. Making unauthorized construction as a cognizable offence would act as an effective deterrent to stop these constructions. All unauthorized constructions must immediately be identified and demolished without delay. • Unauthorized subdivision of land needs to be stopped with no registration allowed for areas which are likely to be misused for urbanization and construction purposes. All sale and purchase of land within periphery should be subjected to close scrutiny by the revenue authority with prior NOC obtained from the competent authority. • Development, wherever permitted within periphery should be subjected to well defined planning norms and standards. Institutions involved in promoting research in the area of health, education etc. and regional level infrastructures requiring large land area with small built up area may be permitted within the broad guidelines in the identified zones. 13
  • 14. • Use of remote sensing for monitoring the ground realities, enforcement and for evolving planning framework would be fruitful in the long run. The growth and development of villages within the periphery needs to be monitored effectively with adequate provision made to meet the needs of their natural growth. However, enough safeguard needs to be put in place to minimize misuse and speculation of land available or permitted for development in these villages. • It would be prudent to upgrade the available infrastructure in the periphery including road network, water supply, sewerage etc. in order to promote better quality of life within rural settlements to minimize out migration. Efforts should also be made to upgrade the available skills in these villages in order to increase productivity of these centres and improve their economic status. • A comprehensive development proposal needs to be prepared and implemented to restore the lost glory of the Shivalik foothills (Ecological Frazil Zone) This would help in restoring the forest cover in the area, improving its micro-climate, minimizing soil erosion, improving moisture receptivity of land, facilitating reemergence of flora and fauna besides providing large area for recreating and leisure in close proximity to the urban centres. • It would be in the best of the interest of states to maintain the sanctity of the periphery area in order to minimize possibilities of unauthorized, haphazard and sub-standard development coming up around the planned urban centres of Chandidarh, SAS Nagar and Panchkula. A coordinated effort would be essential pre-requisite for achieving the broad objectives of the Act, relevance of which has not yet been lost in the maze of uncoordinated and unplanned development. 5.6 Conceptually periphery represents one of the best option for promoting balanced growth of urban and rural settlements in a mutually beneficial and supportive manner and accordingly needs to be protected and promoted with total commitment and sincerity. Adoption of the principle of developing all the urban centres with their defined periphery can usher an era of balanced growth and prosperity, eliminating existing dichotomy and conflicts in urban and rural interests. 6. References o Managing Change in Paradise-Sustainable Development in Peri-urban areas : Report of Parliamentary Commissioner, New Zealand. o Dhote/ Supriya Vyas / Dr. Ashutosh Sharma- Strategies for Redevelopment of peri-urban areas-A case of South Bhopal- 55th NTCP Kochi o Zhang Jiaian- Ecological Construction and Regulation and Rebuilding of Eco- industries in Peri-urban areas- Internet conference of Eco-city development. o Gupta J.K. - Imperatives for Planned Development of Chandigarh Periphery. o Gupta J.K. - The Punjab New Capital (Periphery) Control Act, 1952- An Analysis. o Kant Surya- Chandigarh a City of Two Plans 14
  • 15. 15