TLDR: The key idea of the video is that urban planning in Indian cities lacks effective mechanisms for public participation and consultation, leading to the marginalization of informal livelihoods and the need for a more inclusive and participatory approach.

00:00 📚 The lecture explores the role of law in urban planning in Indian cities, focusing on the impact on informal livelihoods and the need to examine the planning law framework, highlighting the gaps in literature and the lack of public participation in India.

1.1 The speaker discusses the role of law and politics in urban planning, specifically focusing on Delhi and Bangalore, and invites questions from the audience.

1.2 The lecture discusses the nature of urban planning law regimes in Indian cities, focusing on the authority to plan the city, the participative planning process, and the contestation and implementation of plans in the context of informality, ultimately arguing for a top-down planning process that does not address the reality of informality on the ground.

1.3 The speaker discusses the impact of planning laws on informal livelihoods in Delhi and Bangalore, tracing the evolution of India’s urban planning systems and presenting a framework for understanding the issue.

1.4 The lecture explores the relationship between urban planning, informality, and the law, highlighting the gaps in literature and the need to examine the planning law framework in India, as well as the connections between informal housing and informal work.

1.5 Planning law, particularly in the Indian context, is an understudied field with competing ideologies of private property, public interest, and public participation, and while public participation has become more prominent globally, it may not have evolved as much in India.

1.6 The transcript discusses the literature on the use of law and courts by resident welfare associations to demolish slums in Delhi, but does not delve into the details of the planning law frameworks and institutional processes, which is the focus of the paper.

13:02 🏙️ The establishment of urban improvement trusts in Indian cities, influenced by British colonialism and the principles of Patrick Geddes, led to the separation of urban planning from local politics, but later transformed into development authorities, resulting in significant changes to planning laws after independence.

2.1 In the late 1890s in Bombay, disinfection was being carried out in an unscientific manner by the municipal cooperation, highlighting the need for improved planning institutions.

2.2 In response to the Bubonic plague in Bombay in 1896, the British colonial system established the Bombay Improvement Trust with the power to demolish and acquire property in order to decongest and rebuild the city.

2.3 Urban Improvement Trusts were established in various cities in India, including Bombay, Calcutta, Madras, Lucknow, Kanpur, Bangalore, and Delhi, with the Delhi Improvement Trust being influenced by the principles of Patrick Geddes and his idea of conservative surgery, which involved making small incursions in the city instead of demolition and rebuilding.

2.4 Improvement trusts were created to separate urban planning from local politics, but they later transformed into development authorities, leading to a division between elected municipal corporations and unelected bureaucratic authorities.

2.5 The Bombay town planning Act of 1915 was influenced by the UK’s housing and town planning Act of 1899, which in turn was inspired by the Garden City movement, and later replaced by the Town and Country planning Act of 1947.

2.6 The planning laws in India underwent significant changes after independence, with the old legislation focused on town planning schemes being replaced by a new Act in 1954 that introduced comprehensive planning for the entire city, and this model law was adopted by different states in India, resulting in the majority of planning laws being centered around a master plan or development plan.

25:02 🏙️ Despite the 74th constitutional amendment empowering municipal corporations to have planning functions in Indian cities, the implementation of urban planning has been ineffective, with development authorities rather than municipal corporations being responsible for preparing the master plan, and limited provisions for public participation.

3.1 The 74th constitutional amendment in India empowered municipal corporations to have planning functions and created metropolitan and district planning committees to plan for the region.

3.2 Planning in Indian cities, such as Delhi and Bangalore, has not been effectively implemented despite the 74th Amendment, with the Development Authority rather than the Municipal Corporation being responsible for preparing the master plan.

3.3 The Bangalore Development Authority’s power to plan for the city is being challenged in court, as there is debate over whether it has the right to exist and make the plan.

3.4 The legal authority and participatory nature of urban planning in India is still uncertain, as the existence and abilities of development authorities are yet to be conclusively determined, and the current planning process lacks sufficient provisions for public participation.

3.5 The planning process in Indian cities allows limited public participation, with provisions for building awareness and making suggestions, but ultimately the government has the authority to consider and adopt or reject these suggestions in the final plan.

3.6 The law does not require meaningful participation or consultation with the people, only informing them and soliciting comments.

34:27 🏙️ The implementation of urban planning in Indian cities lacks clarity, leading to the regularization of illegal properties and a second-class status for owners, while the lack of effective mechanisms for public participation and consultation hinders democratic accountability.

4.1 The implementation framework for urban planning in Indian cities lacks clarity and there is a divergence between the stated plan and the actual development on the ground, leading to the need for regularization schemes to condone violations of planning.

4.2 There is a divergence between urban planning laws and the reality on the ground in Indian cities, with attempts to legalize illegal properties through a law called akrama sacrament, which has been challenged in court and is currently not operational, leaving the regularization of property claims uncertain.

4.3 Urban development in Karnataka and Bangalore often violates planning norms, but the government still collects taxes from these properties, creating a second-class status for the owners, and while the state has the power to demolish illegal properties, this is a separate issue from the targeted bulldozing of minority communities.

4.4 30,000 people were evicted in Delhi in 2021, while only 619 were evicted in Bangalore, and the master plan of Delhi does not adequately address informality, particularly in terms of street vending and informal housing.

4.5 The planning law regime in India has a disjuncture between the authority to plan and local democratic accountability, which has not been dismantled despite the 74th Constitutional Amendment.

4.6 The Town and Country planning regime in India lacks effective mechanisms for public participation and consultation, with the current framework only providing for informing the public rather than actively involving them.

47:18 🏙️ Efforts to challenge the limitations of India’s master planning regime and embrace the lived experience of people highlight the need for alternative frameworks, questioning the role of development authorities, the potential of participatory planning processes, and the involvement of companies in urban planning.

5.1 Efforts from the ground have challenged the limitations of the master planning regime in India, highlighting the need to rethink urban planning.

5.2 Top-down planning that imposes strict regulations on informal setups is destined to fail, so alternative frameworks that embrace the lived experience of people should be explored instead.

5.3 The speaker raises questions about the need for a different planning regime that aligns with the spirit of the 74th Amendment, the role of development authorities and town planning directorates, the potential role of law in creating participatory planning processes, the legitimacy of regularization schemes, and alternative modes of planning.

5.4 The speaker discusses the role of ward committees in the planning process in India and explains that while their functions are mentioned in the law, their powers and impact on planning are vague and not seen as planning institutions.

5.5 Companies’ involvement in urban planning in India, particularly in a bottom-up planning process, is limited due to the lack of provisions for their participation in the existing planning law framework, resulting in a disconnect between what companies can contribute and the planning process.

5.6 The lecture discusses the role of planning laws in addressing issues such as garbage disposal in urban areas and emphasizes the need for more effective solutions.

56:39 🏙️ Planning laws in India lack provisions for public participation and consultation, leading to major projects being carried out without addressing people’s concerns, highlighting the need for a more robust and inclusive approach.

6.1 There is no provision for areas of us in the Constitution framework, but most states have passed laws for it as a mandatory reform to get funds for jnn urm.

6.2 It is difficult to determine whether the concept of smaller administrative areas would be more effective in practice without sufficient examples and cases to support this idea.

6.3 Decentralized planning regimes, such as participatory processes and budgeting, in Latin American countries like Brazil, Colombia, and Ecuador, provide examples for India to consider in its planning law regime.

6.4 Planning processes in the Indian city involve participatory elements and negotiated agreements, with potential lessons to be learned from the Latin American and South African contexts, but there have been limited instances of court involvement; additionally, the speaker discusses their research sources and expresses surprise at opposition to urban projects in India.

6.5 The government can ignore public input and disregard official processes, as seen in the central Vista project, leading to a lack of consideration for people’s voices and concerns.

6.6 The lack of public participation and consultation in the planning laws of India allows major projects to be carried out without addressing the concerns of the people, highlighting the need for a more robust and inclusive approach.

01:06:24 🏙️ Urban planning in India is complex, with a lack of participatory input and recognition of informal work and spaces, but there is potential for change and protection for informal workers and housing.

7.1 Please ask your questions directly and keep them short as time is limited.

7.2 The speaker suggests using an analytical framework to understand urban planning in India, incorporating ideologies and situating it within the larger framework of laws and institutions, while exploring the issue of participation in democracy and questioning the conceptualization and relevance of planning for the people.

7.3 The speaker suggests exploring the development planning framework and considering other ways in which planning operates beyond the master plan.

7.4 Informality in urban planning in India can be seen as a legitimate alternative to the formal Town and Country planning law, and the lack of participatory input in India’s planning decisions may be attributed to both the absence of formal land provision and the dominance of private property.

7.5 The allocation of land for public purposes and housing projects in the Indian city is limited, requiring further examination by an economist to understand the reasons behind it.

7.6 The planning regimes in Indian cities do not currently recognize or prioritize informal work and spaces, but there is potential for adopting these ideas and providing protections for informal workers and housing.

01:18:55 🏙️ The drafting process of urban planning laws in India has become more diverse and inclusive, but there is still a preference for certain types of expertise, highlighting the need for participation from below in the planning process.

8.1 The question is whether the drafting process of urban planning laws in India today involves a more diverse group of people with different expertise compared to 20 years ago.

8.2 The planning process in Indian cities lacks spaces for participation, but some processes from the ground are able to directly engage with the drafting of laws and planning documents, as seen in the Delhi case.

8.3 There has been an increase in engagement and participation in urban planning, but there is still a preference for certain types of expertise.

8.4 There is a widening and broadening of knowledge and disciplines in urban planning and law in India, with certain ideas still being privileged over others.

8.5 The need for participation from below in urban planning exists regardless of the forums created by experts, and it is important to have first-hand accounts of contributing to drafting processes.

Key Insights

Citizen Engagement and Participatory Planning

🏙️ The 73rd and 74th constitutional amendments aimed to empower local governments in India to work as institutions of self-government, including urban planning and development.

💪 Grassroots campaigns like the “Scrap the Plan” movement in Bangalore and the “Lee campaign” in Delhi demonstrate the desire of citizens to actively engage with the planning process and question the authority of planners.

🌍 “Planning should emerge from an understanding of the lived experience of people, rather than imposing an ideal city model.”

🌍 The idea of decentralized planning regimes, rather than sticking with traditional areas of focus, could be a more effective approach to urban planning in India.

🤯 The debate between representative democracy and deliberative democracy arises when considering whether all major projects should follow a participatory scheme, highlighting the need for a more robust and inclusive planning regime.

🌍 Understanding the concept of planning in India requires examining how lawmakers, theorists, and the people themselves conceptualize it, including its relationship to democracy and public interest.

Impact of Planning Laws on Informal Livelihoods

🏙️ The impact of planning laws on informal livelihoods in Indian cities is a significant concern that needs to be addressed.

🏢 The law and courts in India have been used as a “slum demolition machine” by resident welfare associations, leading to the eviction of informal settlements and slums.

🚧 The Bombay Improvement Trust, established in 1898, was given eminent domain powers to demolish and acquire property in order to decongest and rebuild the city, with congestion and unsanitary living conditions seen as major problems contributing to the spread of the plague.

🏗️ The state has the power to selectively demolish properties, often targeting informal constructions, as a way to demonstrate action and address issues like flooding, but this can also be a form of retributive violence and collective punishment.

Q&A

Q1: What are the key features of the urban planning law regimes in Indian cities, with a focus on Delhi and Bangalore?

A1: The urban planning law regimes in Indian cities, particularly Delhi and Bangalore, operate in a top-down manner and often fail to consider the reality of informality on the ground. These regimes are characterized by three major aspects: authority to plan the city, participative planning processes, and the contestation and implementation of plans in relation to informality. In Delhi, land control is vested in the Union government, while in Bangalore, it is controlled by the state government.

Q2: How do planning authorities and laws in India prioritize public participation?

A2: Unfortunately, planning laws in India do not prioritize public participation as they should. Despite the existence of participatory mandates in the law, they are often not followed. The disjuncture between the authority to plan and local democratic accountability has created a situation where improvement efforts are kept away from elected municipalities. This disconnection between planning authorities and public participation has led to a lack of effective governance and decision-making processes.

Q3: How does the informal sector and informal operations impact urban planning law in Indian cities?

A3: The informal sector plays a significant role in urban planning law in Indian cities. The informal nature of planning operations has legal implications and presents challenges in terms of incorporating informal settlements and activities into the planning process. Development control norms often restrict the informal sector by determining where informal units can be located, prioritizing formal work and the formal economy. Consideration of the informal sector and the protections of workers, regardless of their formal or informal status, is crucial in ensuring inclusive and comprehensive urban planning.

Q4: What are the major issues and challenges faced in the implementation of city planning acts in India?

A4: The implementation framework for city planning acts in India is often lacking, leading to several challenges. One of the major issues is non-compliance with the law’s requirement that all developments must be consistent with the comprehensive plan. Additionally, there are uncertainties and lack of guaranteed claims over properties, particularly in Bangalore, where property owners are considered second-class with uncertain titles or claims over the spaces. These challenges highlight the need for stronger implementation mechanisms and the protection of property rights in urban planning processes.

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