Untold Story of Chandigarh Master Plan

Jit Kumar Gupta,
Chief Town Planner
Sahara Prime City Ltd,
Area Office , Chandigarh
Untold Story
of Chandigarh
Master Plan

Urban Planning and Legal Framework
• In this era of rapid and massive urbanization:
 urban land development and
 urban development process
emerged critical areas of major concerns to all governments.
• Planning and Management of urban settlements have major
implications on:
 economic development,
 social change,
 Environmental sustainability,
 operational efficiency of any society and
 Welfare of the community
• At the root of such development / administration are
- human beings and their basic requirements of living, working, cobs
and travel
- land / its allocation / planning and management involving
-- Sub-division and
--- Use of Land
• Land-use planning emerges most powerful element in the process
of urban development.

 All civilized societies have roots in a defined system of rules
/regulations
 Planned growth and development also requires a well defined
regime of law to support .
 Planning legislation has profound implications for urban
development because:
 It defines system of urban government.
 Establishes systems of Urban Planning & Regulation of land
development.
 Delimits the role and power of Urban Planners & Managers.
 Defines basic procedure for Plan Preparation, Approval and making
them Operational.
 Law never a neutral instrument.
 Law has vital implications for society- and cities for their
functioning and development.
 Behind every law lies political and policy issues and not merely
technical agenda.
 Indian legal framework for planning is primarily colonial.
 Legal System not rational to cope with emerging problems of India
because of inadequacies of planning practices/planning systems of
colonial law.

 With urbanizations picking up number of laws have been
enacted to control, regulate & promote planned urban
development.
 Urban development being state subject - states enacted large
number of laws.
 Most of the laws are subject specific
 Each law has its
 Objectives
 Basic framework in terms of what is permitted and prohibited
 Management system and
 Operational system
 Accordingly there is:
 Multiplicity of laws.
 Multiplicity of agencies created under law
 Multiplicity of rules and regulations framed.
 Indian laws are characterized by high degree of
bureaucratization with bureaucrats ruling the system.
 Need to relook at legal framework to make it rational and closer
to ground realities.

 Urban legal scenario underwent critical change due to the enactment
of 74th CAA, 1992
 Gave constitutional recognition to Urban Local Bodies
 Changed federal structure of the country from 2 to 3 tier
 Recognized subjects of
 Urban planning,
 Town planning &
 Land use planning
 District planning
 Metropolitan planning
 Provided for empowering the local authorities to take up the onus of
 planning,
 development and
 management of urban areas
 Provided for setting up
 District Planning Committees at District level
 Metropolitan Area Planning Committee for Metropolitan Area
 for preparing District Plans and Metropolitan Area Plans.
74th Constitutional Amendment Act, 1992

METHODOLGY FOR MASTER PLAN
The various stages of preparation of Master Plan include:
1. Identification and notification of Local Planning Area and Planning Agency
2. Preparation of Existing Land Use Plan
· 3. Assessment and analysis of Local Planning Area in terms of
· Regional Setting
· Historical Evolution
· Demographic Studies
· Socio-Economic Studies
• Housing
•Slums & Poverty
•Trade and commerce
•Industries
· Traffic & Transportation
· Physical Infrastructure (Water Supply, Sewerage, Solid Waste Management,
· Social Infrastructure (Educational, Medical, Recreational, Miscellaneous)
•Environment , Heritage and Tourism
· Growth Pattern
· Land use
· Available studies and report
· Ongoing and Proposed Projects

4. Involving Stakeholders through:
FGD’s and personal interviews
 · Meeting with experts
 · Think Tank meetings
 · NGOs/ Private agencies/ Public Agencies/state Departments
 · Public Representatives,
 5. Identifying Gaps , Issues and Problems through:
 · Comparison with available norms and standards
 · Spatial Distribution , Quantitative and Qualitative
 6. Carrying out S.W.O.T analysis based upon
 • Studies made and analysis carried on
 • City Assessment
 • Stakeholders’ Perception
 • Identified problems and gaps
 • Identifying major socio-economic drivers

 7. Working out City requirements- for next 20 Years based on:
 · Population Projections ,Norms and Standard , Broad Land use Requirements.
 8. Defining Conceptual Framework through:
 · Defining Vision for future growth and development
 · Identifying broad objectives
 · Laying down mission statements for critical areas
 9. Preparation of alternatives--Concept Plans
 10. Evolving Draft Master Plan – Involving Proposed Land Use Plan /Traffic &
Transportation Plan along with Development Control Regulations (D.C.R)
 · Based on existing land use plan , critical areas, growth divers, areas to be preserved and
conserved and promoted, heritage
 · Studies and assessment made --- Gaps and problems identified
 · Stakeholders’ perception ---Objectives/ vision/ Mission framed
 · Future population growth---- Future infrastructure requirements/ Available land for
development
 11. Notifying Draft Master Plan for Inviting Public Objections/ Suggestions--- Considering
Public Objections/Suggestions
 12 Finalising Master Plan- Issuing Public notice including Phasing and Investment Plan
 12. Evolving Zonal Plans based on Proposed Land Use

Chandigarh in Historical Perspective
 1947- Capital City of Lahore lost to Pakistan in partition of India
 1948- Punjab Government approves the setting up of a new capital
 1948- Site for new capital city selected in consultation with Govt of India
 1949- First Team- Albert Mayer- hired to plan the city
 1949- First Master Plan prepared, Details of superblocks finalised
 1950- Death of Mathew Nowiski in a plane crash and hiring of Second team led by Le Corbusier
 1951- Second Master Plan evolved
 1952- Capital of Punjab, Periphery Control Act, 1952 put in place—8 Kms of periphery notified
 1962-Army cantonment, Air Force Station and HMT established in periphery
 1962 –Periphery extended from 8 kms to 16 Kms/Periphery controlled area plan put in place
 1966– Re-organisation of Punjab- Chandigarh made UT with 114 skms area- City 70 kms+ 44kms of
periphery ( Punj-1021 skm, Haryana-295 skm out of periphery total area of 1360 skms
 Post 1966- Mohali (5500 acs)and Panchkula (5000 acs)created by Punjab/ Haryana in periphery
 1975- High Powered Co-ordination Committee constituted by GOI under Sec MOUD
 1977-Formulation of Chandigarh Urban Complex Plan Involving CHD, Mohali, Panchkula -330 skm
 1984- Chandigarh Interstate Regional Plan -2001 prepared-TCPO-2431 skm-pop-25 lakh
 1999- Preparation of Chandigarh Interstate Metropolitan Regional Plan for 50 kms radi.
 2008- Notification of GMADA Regional Plan 2056- with area of 1021 skm
 Post 2008- Haryana added 1550 Acs to Panchkula development

LEGAL FRAMEWORK OF CHANDIGARH
Two laws defining the legal framework of Chandigarh
-For City-The Capital of Punjab( Development and Regulation )Act, 1952
-For Periphery – The Punjab New Capital (Periphery) Control Act, 1952
-- The Punjab Capital (Development and Regulation)Building Rules,1952
The Capital of Punjab( Development and
Regulation )Act, 1952:
 Statement of Objects and Reasons:
 The construction of the New Capital of Punjab at Chandigarh is in progress.
 It is considered necessary to vest the State Government with legal authority to
regulate the sale of building sites and to promulgate building rules on the lines
of Municipal Bye-laws so long as a properly constituted local body does not take
over the administration of the city.
 The Capital of Punjab (Development and Regulation) Bill, 1952, seeks to carry out
the above objects and to repeal the Capital of Punjab (Development and
Regulation) Act, 1952, which is a President's Act and is due to expire in April, 1953.

The Capital of Punjab(Development &
Regulation)Act, 1952
 It extends to the City of Chandigarh which shall comprise the area of the site of
the Capital of Punjab as notified by the Government and to such areas as
may be notified from time to time.
 Chandigarh" means the areas to which this Act extends;
 Law Provides for;
 S 3- Power of Government to Transfer of Land and Buildings
 S4—Power to issue directions in respect of erection of buildings---architectural features,
number of residential units, regulating use of sites , maintaining heights and position of
walls, fences and hedges;r estricting use of site for purpose other than building
 S5—Bar to erect buildings in contravention of building rules
 S6- Power to require proper maintenance of site and buildings
 S7– Levy of fee or tax for amenities
 S8—Power to resume and forfeiture of sites for breach of conditions of transfer
 S11-Preservation and planting trees-issue Tree Preservation Order
 S12—Contol of Advertisements– issue Advertisement Control Order

LEGAL FRAMEWORK OF CHANDIGARH-The Capital of
Punjab(Development & Regulation)Act, 1952
 S17-Registration of Architects, engineers and plumbers etc– competency to certify
any plan or completion of building and engage in plumbing work unless registered and
licensed by the Chief Administrator as per qualification prescribed in the first schedule
 THE FIRST SCHEDULE
 1. Fellow / Associate of Royal Institute of British Architects or an equivalent
registration in any other foreign country.
 2. Member / Associate member of the Institution of Engineers (India)
 3. Member / Associate member of the Institution of Civil Engineers (England) or an
equivalent registration in any other country.
 4. Fellow /Associate of the Indian Institute of Architects
 5. B.Sc. in Engineering of any Engineering University in India or abroad or Diploma
in C.E. Roorkee.
 6. Diploma from J.J. School of Arts Bombay.
 7. Diploma from School of Architecture, Delhi Polytechnic.
 8. Diploma, degree or certificate from any other institution recognised by the Indian
Institute of Architects or Institution of Engineers (India).

LEGAL FRAMEWORK for area outside CHANDIGARH-
The Punjab New Capital(Periphery) Control Act, 1952
 Objects and Reasons ;
 Punjab government is constructing a new capital named Chandigarh.
 The Master Plan providing for the future extension of the capital which will
extend over a much greater area than the area acquired so far the construction of
the first phase of capital.
 To ensure healthy and planned development of the new city it is necessary to
prevent growth of slums and ramshackle construction on the land lying on the
periphery of the new city.
 To achieve this object it is necessary to have legal authority to regulate the use of
the said land for the purposes other than the purpose for which it is used at
present
 PROVISIONS;
 S3- Declaration of Controlled Area
 S4- Publication of plans for the Controlled Area
 S5-Restrictions in controlled Area
 S6-Application for permission and grant/refusal of permission
 S7- Appeal, S8- Compensation, S9- Arbitration for compensation
 S10- Savings, S11-Prohibtion of use of land,, S12- Offences and penalties, S15-Exemptions

FIRST MASTER PLAN OF CHANDIGARH

SECOND MASTER PLAN OF CHANDIGARH

CHANDIGARH PERIPHERY – BEFORE 1966

Chandigarh Periphery-After 1966

Preparing Chandigarh Master Plan- 2031
1 - Punjab &Haryana High Court in CWP 4252 of 2008 –
Gurbax Singh Gill vs Union of India & others directs :
 i)Preparation of the Master Plan for the remaining Periphery area in
Chandigarh within the scope of ‘The Punjab New Capital( Periphery) Control
Act,1952 as also the 73rd and 74th Constitutional Amendments;
 ii) Preparation of Regional Plan for the tri-city of
Chandigarh/Mohali/Panchkula for guiding future growth in the periphery;
 iii) Preventing any further implementation of ad-hoc projects in the periphery
till the formulation of Master Plan.
2 -Constitution of the 11 members Expert Committee in December
2009 and expanded on May28, 2010 vide order no 684
-- for preparation of Draft Master Plan of UT Chandigarh keeping
in mind and adhering to:
 --Decisions of Co-ordination Committee headed by Ministry of Urban Development,
GOI
 --Directions /orders of the High Court of the Punjab & Haryana High Court in the
CWP 4252 OF 2008- Gurbax Singh Shergill vs Union Of India & others

CONSTITUTION OF EXPERT COMMITTEE

 3. Expert Committee discussed the strategy/methodology
and course of action for preparing the draft master plan
 4. Plan preparation involved study of historical documents ,
ongoing policies and projects of the administration
including:
 -Mass Rapid Transport Plan
 --Shifting of whole-sale markets
 --Slum Rehabilitation
 --Demand for Higher Floor Area Ratio
 --Re -densification of Phase-1
 -Heritage Plan
 --Change of landuse of Industrial Plots etc

 5. Committee met more than 80 times, visited various sites
in city/periphery and interacted with various stakeholders
including:
 --Traders
 --Industrialists
 --Resident welfare organizations
 --Municipal Councilors
 -- Representatives of Educational institutions
 -State Departments
 -- NGOs
 --Village Panchayats
For feedback on the city, its problems, expectations and their
vision for future Chandigarh

 6. Expert Committee was also briefed by Administrator (
Governor of Punjab) and Advisor to Administrator besides
Chief Administrator.
 Expert Committee appoached the various departments of
Chandigarh Administration to share their problems, vision
and proposals for meeting the immediate and future needs of
the city related to their operational areas.
 7 Meetings held with representatives of
 --- Government of India
 --State Governments of Punjab and Haryana
 8. Presentation made by RITES regarding Comprehensive
Mobility Plan for Chandigarh Urban Complex and improving
transport infrastructure in the city

 9 Expert Committee deliberated and considered major issues
including:
 -Preservation of original concept / basic character of city
 --preserving environment, ecology and heritage
 --Protecting Sukhna Wildlife Sanctuary/Lake catchment area
 --Growth and development of Villages-within / outside grid
 --Informal residential/commercial development
 --Development of Mohali and Panchkula
 --Urban design/architectural controls
 -Completing the Capitol complex
 --Promoting Pedestrianisation/cycling including rationalisation of traffic
 --Revitalizing City Centre/ sub-city centres
 --High rise development planned in the north of capitol in Punjab
 --Promoting environment, ecology, forest cover
 --Improving economy, eco-tourism and mixed land use, infrastructure
 Regional issues -- solid waste management/drainage/sanitation/water supply

 - Demographical profile of the city- existing and future
 --Holding capacity of city based on existing and future
development
 -- Promoting Rain water harvesting
 --Tapping solar energy to make Chandigarh Solar city
 - Promoting zero drainage of storm water from large institutions
 -- Providing additional housing and institutional area
 --Limitation of city area/ traffic congestion/ large urbanisation in
periphery
 10. Draft Master Plan- 2031 prepared
 11. Draft Master Plan notified by Chandigarh Administration on
July 11,2013 for inviting public objections and suggestions
 12 In all 171 Suggestions/ objections were received and
documented

13 Administrator UT Chandigarh constituted a ‘Board of Enquiry
and Hearing’ vide order dated November 10,2013 to look into
objections/ suggestions received/ give recommendations within
one month by giving public hearing for the objections received
 14 Board comprised of 8 members, headed by Chairman
Chandigarh Housing Board with Municipal Commissioner,
Secretary IT, Chief Architect, Chief Engineer, Former Mayor, K S
Sidhu(retd) IAS, Chief Planner TCPO/ his representative
 15 Board invited 116 applicants for hearing . 101 appeared. Based
on study / hearing carried out Board finalised the report/
recommendations and submitted to Chandigarh Administration
 16. Chief Architect, Chandigarh Administration finalised the
Master Plan in consultation with Chief administrator /Advisor
and submitted to Administrator on September 6,2014
 17 Final Master Plan 2031 is still pending for notification.

CHANDIGARH POPULATION – EXISITING AND PROJECTED

PHASE I , II & III OF CHANDIGARH

VACANT POCKETS AND AGRICULTURAL AREA

LAND USE DISTRIBUTION –
EXISITING AND PROPOSED

Conclusions……..
 Since Chandigarh has no legal framework for preparing Master
Plan- the Master Plan-2031 may not stand testimony of law
 Considering existing development and population scenario, it is
vital that Chandigarh should be transformed from a Designed City
to a Planned city
 Chandigarh now deserves a legally supported and legally
framed Comprehensive Development Plan and Regional Plan to
rationalize it future growth and development
 A Comprehensive Planning ,Development and Management
Legal framework in the form of a State of Art law needs to be
immediately put in place for Chandigarh to replace the existing
laws.
 Comprehensive law must provide for integrated planning and
development of city and periphery.

Conclusions…..
 Since Periphery has lost relevance, Periphery Control Act should
be replaced by a Central Regional Planning law on the pattern
followed for NCR to prepare and implement Regional Plan for
Chandigarh Capital Inter-State Regional Plan.
 Inter-state Co-ordination Committee constituted by
Government of India should be replaced by the Regional
Planning Board comprising of partner states of Punjab,
Haryana, Himachal Pradesh , Chandigarh,GOI and others
 Chandigarh needs a dedicated Professional Authority to
replace bureaucratic structure to regulate its future Growth
and development on professional lines.
 Role of Municipal Corporation Chandigarh would needs
redefinition, considering provisions of 74th Constitutional
Amendment Act,1992 and specialized planning,
development and management requirements of the city

THANKS
FOR YOUR
PATIENCE
AND TIME

Untold Story of Chandigarh Master Plan

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