The constitution of India.

Almost everything we do is governed by some set of rules. There are rules for games (like-
soccer), for social clubs and for adults in the workplace. There are also rules imposed by
morality and custom that play an important role in telling us what we should and should not do.
For example- In the game of soccer, a referee has "full authority to enforce the Rules or Law of
the Game on the Players”, when a player do something against the Rules referee takes action
like send-off a player, as shown in images below.
Some rules that are made by the legislatures (also known as Lok sabha/Rajya Sabha in India),
for there own country, are called “Law”.
We need Laws in Society so our society can regulate and work properly. They are designed to
protect us and our property and to ensure that everyone in society behaves the way that the
community expects them too.
Laws tell us what to expect as a consequence of our actions. Laws have been the glue that has
kept society together. Without laws there would be complete anarchy.

I) In General-
The Constitution is the supreme law of the land. All other laws have to confirm to the
Constitution. The constitution contains laws concerning the government and its relations with
the people.
A constitution is concerned with 2 main aspects:-
a) The relation between the different levels of government and
b) Between the government and the citizens.

Fig.- Role of Constitution in relationship between Government and its people

II) Technical Definitions-
A constitution is a set of fundamental principles or established precedents according to which a
state or other organization is governed. These rules together make up, i.e. constitute, what the
entity is. When these principles are written down into a single collection or set of legal
documents, those documents may be said to comprise a written constitution.
or
The document containing laws and rules which determine and describe the form of the
government, the relationship between the citizens and the government, is called a
Constitution.

Why Do We Need Constitution?

In General-
I. We need a constitution to govern a country properly.
II. The constitution defines the nature of political system of a country.
III. sometimes we feel strongly about an issue that might go against our larger interests
and the constitution helps us guard against this.
IV. All the 3 organs of government (executive, legislature and judiciary) functions within
the constitution. All the 3 organs of government, including ordinary citizens, derive
their power and authority (i.e. Fundamental Right) from the constitution. If they act
against it, it is unconstitutional and unlawful.
So constitution is required to have authoritative allocation of power and function, and also to
restrict them within its limit.
To perform following Functions we need Constitution-
I. The first function of a constitution is to provide a set of basic rules that allow for
minimal coordination amongst members of a society.
II. The second function of a constitution is to specify who has the power to make
decisions in a society. It decides how the government will be constituted.
III. The third function of a constitution is to set some limits on what a government can
impose on its citizens. These limits are fundamental in the sense that government may
ever trespass them.
IV. The fourth function of a constitution is to enable the government to fulfill the
separations of a society and create conditions for a just society.

A Look at Ancient India-

India is a home of ancient “Indus valley civilization” which goes back to 3300–1300 BC
(mature period 2600–1900 BC). India is a world famous for its ancient history and culture.
The time Before 500 AD is widely accepted as era of Ancient India. The earliest anatomically
modern human remains found in South Asia date from approximately 30,000 years ago.
But regarding to Constitutional History, India goes back to only 3rd Century BC(269 BC to 231
BC) in the time of the Emperor “Ashoka The Great.”

1) The Edicts of Ashoka (324 BC - 185 BC) established constitutional principles for the 3rd
century BC Maurya king's rule in Ancient India.
The Edicts of Ashoka are a collection of 33 inscriptions on the Pillars of Ashoka, as well as
boulders and cave walls, made by the Emperor Ashoka of the Mauryan dynasty.
2) East India Company (1599AD-1765AD)- In 1600, the East India Company came to India as a
trading company from Britain. In 1765, it became an administrative power after gaining the
Right of Taxation in Bengal after defeating the Nawab of Bengal at the Battle of Plassey
(1757).
British Raj(1858AD-1947AD)- This period of the British Raj was the time when the
Constitution of India took shape. The main stages of its evolution were:
I. The Act for the Better Government of India (1858)- This put India directly under the
control of the British government. It set up the office of the Secretary of State,
member of the British parliament, who would be in charge of Indian government. In
India, the Governor-General, working under the Secretary of State, led the
administration.
II. Indian Councils Act (1861)- A separate legislative council was set up to assist the
Governor-General in making laws. Indians could be appointed to the council, but only
on the discretion of the Governor-General.
III. Indian Councils Act (1892)- As a result of Indian demands, the sizes of the executive
and legislative councils were increased. More Indians were appointed to these
Councils, and the principle of election was introduced.
IV. Indian Councils Act (1909)- This act increased the sizes of the councils again, and also
gave the legislative council the power to discuss certain matters and to ask questions.
More people were elected to the councils.
V. Government of India Act (1919)- This introduced 'diarchy' (partial responsible
government) at the provincial level. Elected Indians were given charge of some areas
of government (e.g., industry, education) at the provincial level.
VI. Government of India Act (1935)- This introduced 'provincial autonomy': responsible
government at the provinces with elected Indians in charge of the administration, and
responsible to the elected legislatures. A federal government was proposed, though it
did not come into effect. At the centre, 'diarchy' was introduced.
VII. Indian Independence Act (1947)- The British gave up control of the Government of
India to two dominions - India and Pakistan. For the time being till the constitution
was made, both of them would be governed in accordance with the Government of
India act 1935.
Constitution of India(1950AD)- The Constitution was enacted by the Constituent Assembly on
26 November 1949, and came into effect on 26 January 1950.
The date 26 January was chosen to commemorate the Purna Swaraj declaration of
independence of 1950. With its adoption, the Union of India officially became the modern
and contemporary Republic of India and it replaced the Government of India Act 1935 as the
country's fundamental governing document.
Conscious efforts were made to have consensus on different issues and principles and
thereby avoid disagreement. The consensus came in the form of the ‘Objectives Resolution’
moved by Jawahar Lal Nehru in the Constituent Assembly on December 17, 1946 which was
almost unanimously adopted on January 22, 1947.
In the light of these ‘Objectives’ the Assembly completed its task by November 26, 1949. The
constitution was enforced with effect from January 26, 1950. From that day India became
Republic of India.

4.The Framing of Constitution of India.

The Constituent Assembly of India was elected to write the Constitution of India. Following
India's independence from Great Britain, its members served as the nation's first Parliament.
This body was formed in 1946 for the purpose of making independent India's constitution. The
assembly passed a resolution in 1947 January defining the objectives of the constitution:-
1) To set up a Union of India comprising British India and the princely states.
2) To set up a federal form of government with separate state and central governments.
3) To set up a democracy in which all power is derived from the people:
I) where all people are guaranteed justice, equality and freedom;
II) where minorities, depressed classes and the tribal's rights are protected;
4) To protect the integrity of India and her sovereign rights over land, sea and air.
5) To help India attain its rightful place in the world - and work for peace and welfare of all
mankind.

Dr. Sachchidananda Sinha was the first president (temporary) of the Constituent Assembly
when it met on December 9, 1946. Later, Dr. Rajendra Prasad became the President of the
Constituent Assembly and Dr. Bhimrao Ambedkar became the Chairman of its drafting
committee on December 11,1946 .
The Constituent Assembly consisted of 385 members, of which 292 were elected by the
elected members of the Provincial Legislative Assemblies while 93 members were
nominated by the Princely States. To these were to be added a representative each from
the four Chief Commissioners Provinces of Delhi, Ajmer- Marwar, Coorg and British
Baluchistan.
For the time being till the constitution was made, India would be governed in accordance
with the Government of India act 1935.
The Assembly met in sessions open to the public, for 166 days, spread over a period of 2
years, 11 months and 18 days before adopting the Constitution.
It was finally passed and accepted on Nov 26, 1949. In all the 284 members of the Assembly
signed the official copies (Original) of the Indian Constitution.
After many deliberations and some modifications over 111 plenary sessions in 114 days, the
308 members of the Assembly signed two copies (Final) of the document (one each in Hindi
and English) on 24 January 1950
Same day the Assembly unanimously elected Dr, Rajendra Prasad as the President of India.
which came into effect on Jan 26, 1950, known and celebrated as the Republic Day of India.

The Preamble to Constitution of India.

The Preamble to the Constitution of India is a brief introductory statement that sets out the
guiding purpose and principles of the document.
 WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY

ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
The first words of the Preamble - "We, the people" - signifies that power is ultimately
vested in the hands of the People of India. So far the Preamble has been amended only
once in 1976 by 42nd amendment (change) which inserted the words Socialism, Secularism
and Integrity. A brief description of these concepts are as follows (in the order they come
in Preamble)-
1. Sovereign- It means free to follow internal and external Policies.
2. Secular- It means no particular Religion is preferred.
3. Socialist- It means no concentration of Power and Money.
4. Democratic- It means rule by elected representative of the People of India.
5. Republic- It means no room for hereditary ruler or monarch.
Purpose of Having a Preamble:
The Preamble to our Constitution serves two purposes: -
A) It indicates the source from which the Constitution derives its authority;
B) It also states the objects, which the Constitution seeks to establish and promote.
The Preamble seeks to establish what Mahatma Gandhi described as The India of my Dreams,
"…an India in which the poorest shall feel that it is their country in whose making they have an
effective voice; …an India in which all communities shall leave I perfect harmony. There can be
no room in such an India for the curse of unsociability or the curse of Intoxicating drinks and
drugs. Woman will enjoy as the same rights as man."

) Constitution of India In General:-

Constitution of India is considered to be the supreme law of the country, as it puts forth the
framework of fundamental political principles. It establishes the structure, procedures, powers
and duties of the government and mentions the fundamental rights, directive principles and
duties of citizens.
The Constitution declares India as a Sovereign, Socialist Democratic, and Republic with a
parliamentary form of government.
The Indian Constitution shows Federal as well as Unitary System.
1. Federal System- powers are divided and/or shared between state and central governments
2. Union System- power concentration in central government with weak state Government
Federal Features-
1. Supremacy of the Constitution,
2. Division of power between the Union (central Governments) and State, and
3. The existence of an independent judiciary in the Indian Constitution.
Unitary Features-
1. Single Citizenship
2. Single Constitution
3. Power of union to override on the state matters
4. During emergency the system became virtually unitary
5. Changes in the names and boundaries of the states by the Parliament
6. Integrated Judiciary System
7. Centre appoints the Governors
8. Dependence of states on the centre for economic assistance and grants
Different elements of constitution are described as follows:-
1. Preamble (1) - The Preamble to the Constitution of India is a brief introductory statement
that sets out the guiding purpose and principles of the document.
2. Parts (25) – The individual Articles of the Constitution are grouped together into the
following Parts:
1. Part I – Union and its Territory
2. Part II – Citizenship.
3. Part III – Fundamental Rights.
4. Part IV – Directive Principles of State Policy.
5. Part IVA – Fundamental Duties.
6. Part V – The Union.
7. Part VI – The States.
8. Part VII – States in the B part of the First schedule (Repealed).
9. Part VIII – The Union Territories
10. Part IX – The Panchayats.
11. Part IXA – The Municipalities. (Part IXB – The Cooperative Societies -not effective yet)
12. Part X – The scheduled and Tribal Areas
13. Part XI – Relations between the Union and the States.
14. Part XII – Finance, Property, Contracts and Suits
15. Part XIII – Trade and Commerce within the territory of India
16. Part XIV – Services Under the Union, the States.
17. Part XIVA – Tribunals.
18. Part XV – Elections
19. Part XVI – Special Provisions Relating to certain Classes.
20. Part XVII – Languages
21. Part XVIII – Emergency Provisions
22. Part XIX – Miscellaneous
23. Part XX – Amendment of the Constitution
24. Part XXI – Temporary, Transitional and Special Provisions
25. Part XXII – Short title, date of commencement, Authoritative text in Hindi and Repeals
3. Article (1-450) - It is subcategory of different Parts in the constitution which contains
detail information of the subject or the Title which an Article represents.

Amendments (103) - Amendment of the Constitution of India is the process of making

changes to the nation's fundamental law. Changes to the Indian constitution are made by
the federal parliament. The procedure is laid out in Part XX, Article 368, of the Constitution.
5. Schedules (12) - Schedules are lists in the Constitution that categorize and tabulate
bureaucratic activity and policy of the Government.
6. Appendices (2) - They are extension to the constitution.
7. Fundamentals Rights (Part III- Article12-35) - The word fundamental suggests that these
rights are so important that the Constitution has separately listed them and made special
provisions for their protection. The Fundamental Rights are so important that the
Constitution itself ensures that they are not violated by the government.

Fundamental Rights are different from other rights available to us. While ordinary legal
rights are protected and enforced by ordinary law, Fundamental Rights are protected and
guaranteed by the constitution of the country.
The Constitution of India recognizes certain basic fundamental rights for every citizen of
India, such as:-
(a) Right to Equality
(b) Right to Freedom
(c) Right to Freedom of Religion
(d) Right against Exploitation
(e) Cultural & Educational Rights
(f) Right to Constitutional Remedies

Fundamental Duties (Part IV Article 51A )- These Fundamental rights have been provided at
the cost of some fundamental duties. These are considered as the duties that must be and
should be performed by every citizen of India. These fundamental duties are defined as:
It shall be the duty of every citizens of India: -
a. To abide by the Constitution.
b. To uphold & protect the sovereignty, unity and integrity of India.
c. To Cherish & follow the noble ideas which inspired our national struggle for freedom
d. To defend the country & render national service when called upon to do so.
e. To promote harmony & the spirit of common brotherhood.
f. To value & preserve the rich heritage of our composite culture.
g. To protect & improve the national environment.
h. To develop the scientific temper, humanism and the spirit of inquiry and reform.
i. To safeguard public property & to abjure violence.
j. To strive towards excellence in all spheres of individual & collective activity, so that the
nations constantly rises to higher levels of endeavor & achievement.

9. Directive Principles (Part IV- Article36-51)- It provides the social and economic base of a
genuine democracy. The classification of these are as follows-
1. Socio-economic Principles
2. Liberal Principles
3. Gandhian Principles
4. International principles
5. Socio-economic Principles
6. 1. Article 38 of the Constitution of India shall endeavor to formulate such social system
which will secure social, economic and political justice to all in all the spheres of life.
7. 2. Article 39(a) the state shall try to formulate its policy in such a manner so as to secure
adequate means of livelihood for all its citizens.
8. 3. Article 39(b) the ownership of material resources would be controlled in such a
manner so as to sub serve the common good.
9. 4. Article 39(c) the economy of the state will be administered in such a manner so that
wealth may not yet be concentrated in a few hands and the means of production may
not be used against the public interest.
10. Socio-economic Principles
11. 1. Article 38 of the Constitution of India shall endeavor to formulate such social system
which will secure social, economic and political justice to all in all the spheres of life.
12. 2. Article 39(a) the state shall try to formulate its policy in such a manner so as to secure
adequate means of livelihood for all its citizens.
13. 3. Article 39(b) the ownership of material resources would be controlled in such a
manner so as to sub serve the common good.
14. 4. Article 39(c) the economy of the state will be administered in such a manner so that
wealth may not yet be concentrated in a few hands and the means of production may
not be used against the public interest.
5. Article 50 of the Indian Constitution the state will try to separate the judiciary from the
executive in the case of public service.
3. Gandhian Principles
1. Article 40, State will strive to organize Panchayats in villages and will endow them with
such powers which enable them to act as units of self government.
2. Article 43, the state shall strive to develop the cottage industry in the rural areas both,
on individual or cooperative basis.
3. Article 47,the state will strive to ban the consumption of wine, other intoxicating drinks
and all such commodities which are considered injurious to health.
4. Article 48 reveals that State will ban slaughtering of cows, calves and other milk cattle.
4. International principles
1. Article 51(a)- The State will strive to promote international peace and security.
2. Article 51(b)- The State will strive to maintain just and honorable relations among
various states in the world.
3. Article 51(c)- The State will endeavor to promote respect for International treaties,
agreements, and law.
Article 51(f )- The State will strive to settle international disputes by arbitration
The Indian government is divided Into three distinct but interrelated branches: Legislative,
Executive and Judiciary – have to function within their own spheres demarcated under the
Constitution. In other words, the doctrine of Separation of Powers has been implicitly
recognized by the Indian Constitution.

A careful study of the Constitution will show that there are at least eight basic principles
which are embodied in it and which form the foundation of the political system in India.
These are:
(1) Popular sovereignty,
(2) Socialism,
(3) Secularism,
(4) Fundamental rights,
(5) Directive Principles of State Policy,
(6) Judicial independence,
(7) Federalism and
(8) Cabinet government.
An amendment to the “Constitution of India” is an extremely difficult affair, and normally
needs at least “two-thirds(2/3)” of the Lok Sabha and Rajya Sabha to pass it.
However, the Constitution of India is one of the most frequently amended constitutions in
the world. Many matters that would be dealt with by ordinary statutes in most democracies
must be dealt with by constitutional amendment in India due to the document's
extraordinary detail.

The Constitution of India has some distinct and unique features as compared to other
constitutions to the world. As Dr. B.R. Ambedkar, the Chairman of the Drafting Committee
puts it, the framers had tried to accumulate and accommodate the best features of other
constitutions, keeping in view the peculiar problems and needs of our country. Main
Characteristics of Constitution of India are:-
1. Longest written constitution.
2. Partly Rigid and Partly Flexible
3. A Democratic Republic
4. Parliamentary System of Government
5. A Federation
6. Fundamental Rights
7. Directive Principles of State Policy
8. Fundamental Duties
9. Secular State
10. An Independent Judiciary
11. Single Citizenship

A Constitution symbolizes independence of a country. Framework and structure for the

governance of a free country are provided in the Constitution. The Constituent Assembly
prepared the draft of the Constitution by keeping the ‘Objectives Resolution’ as the
backdrop which reflected the aspirations of the people of India.
The framing of the Constitution was completed on November 26, 1949 when the
Constituent Assembly formally adopted the new Constitution. The Constitution came into
force with effect from January 26, 1950.
The Constitution begins with a Preamble which declares India to be a Sovereign, Socialist,
Secular, Democratic, Republic. The Preamble also mentions the goals of securing justice,
liberty and equality for all its citizens and promotion of natio-nal unity and integrity on the
basis of fraternity among the people assuring dignity of the individual.
The Constitution of India has several distinctive features. It is the lengthiest Constitution in
the world and it is a combination of rigidity and flexibility. The Constitution provides for a
quasi-federal (It means a federal set up where despite having two clear sets of government
– central and the states, more powers are given to the Central Government.) set up with a
strong centre.
There is a clear division of powers between the Centre and the States. The Supreme Court
of India, is the apex court of India which will resolve the disputes between the centre and
state or between the states.
India has a parliamentary democracy. The Council of Ministers headed by the Prime
Minister enjoys the real powers and is responsible to the Parliament. The Indian
Constitution provides for Fundamental Rights which are justifiable. Ten Fundamental Duties
have also been added to the Constitution. The Directive Principles of State Policy give a
concrete shape to the welfare concept.

Land Acquisition, 1894

• This British era law empowered the state to compel an owner of the property to submit
the property to the state or any agency or an entity authorized by the state.
• The rationale behind this act lied in the concept that the community good is paramount
to the right of individual to hold property.
• Compulsory acquisition of property involves expropriation of private rights in the
property.
• it is a restraint on the right of private owners to be able to dispose off property
according to their wish .
• The Law of Land Acquisition is intended to legalise the taking up, for public purposes, or
for a company, of land which is private property of individuals the owners and
occupiers, and pay equitable compensation therefore calculated at market value of land
acquired, plus an additional sum on account of compulsory character of acquisition
(solatium).
• Originally the Constitution of India consisted of provisions under Articles 14, Article 19(f)
and Article 31 which constituted Right to Property.
• But Right to property was perceived to hamper the development by means of growth of
infrastructure which was essential for development soon after the independence.
• Constitution (First) Amendment Act, 1951 was enacted and the Right to Property was
done away with.
• Article 31(A) which was enacted categorically states that no law which provides for
acquisition by the state of an estate can be held void as being ultra vires Article 14 or
Article 19. It also provided for payment of compensation at a rate not less than market
value of the property.
• Constitutionality of various sections of the Land Acquisition Act has been considered as
being in violation of Article 19 and 31 of the constitution as being confiscatory in nature
and it is sought to deprive appellants of their lands.
LARR 2013
Land Acquisition, Rehabilitation and Resettlement Act, 2013
• 1894 land acquisition was lacking the clauses on adequate compensation, consent of
landowners and others dependent on the land being acquired, and their rehabilitation.
 • Land acquisition has led to large-scale protests against the projects like the Sardar
Sarovar dam in Gujarat; a special economic zone in Nandigram and a Tata Motors plant
in Singur in West Bengal as well as Vedanta’s bauxite mining plans in Niyamgiri and
Posco’s steel project in Jagatsinghpur in Odisha.
• Mega projects — which are required to power the economy and create jobs — often get
stuck at the land acquisition stage.
• Land ownership in vast parts of India are fragmented and disorganized making direct
acquisition a challenge for a private entity.
• Land-losers may not get fair compensation.
• The LARR 2013 replaces a colonial-era law of 1894.
• LARR 2013 was conceived to take care of such issues.
• LARR was drafted with the intention to discourage land acquisition
• LARR came into effect on 1st January 2014
The new act seeks to establish a cohesive national law that dealt with the compensation,
rehabilitation and resettlement issues arising out of process of land acquisition.
The aims and objectives of the act are:
• The acquisition process is carried out in consultation with local self government and
gramsabha, thereby, thereby, ensuring least disturbance is caused to the owners of the
land and other affected families.
• To ensure that fair compensation is provided to affected families.
• Make adequate provisions for the rehabilitation and resettlement.
• In case of compulsory acquisition, endeavor should be made that the affected persons
are made partners in development so as to ensure a smooth rehabilitation process for
them post acquisition.
•
 DCR :

Set of rules that are designed to ensure the proper and efficient development of a
city, as well as the general welfare of the public, are commonly known as
Development Control Regulations (DCR).

DCR is a mechanism by which the entire process of urban development is controlled to

achieve the target of promoting the overall benefit of the society as well as creating a
distinct image of the city. The process consists of guiding the development and land
use, reducing the misuse of land and stimulating the rational and orderly development
of the built environment. In short, we can say that the rules that are designed to ensure
the proper and efficient development of a city are the Development Control Regulations
(DCR).

Need for Development Control Regulations (DCR)

It is imperative that development rules affect the overall fabric and personality of a city.
So, to amplify the growth of a city, such regulations should fulfil the public interest and
general welfare of the community and should be competent enough to satisfy the basic
needs of the public such as health, safety, convenience, economy and amenity.
Types of DCR Controls:

 Town and Country Planning: Forming strategies and implementing them to provide
better infrastructure for the people, in line with their requirements.

 Zoning Regulations: It deals with the allocation of land for specific purposes and
keeping a check on the use of land, and overall construction and height of buildings.

 Slum Clearance: Reducing the number of slums and ensuring the rehabilitation of
inhabitants.

 Building Bye-Laws: They are a set of regulations imposed on developers which

must be mandatorily met to construct legally-sound buildings. It involves acquiring all
set of clearances and abiding by the Indian Building Code.

 Periphery Control: To protect the peripheral land that comes under the jurisdiction
of a State from all sorts of encroachments and illegal use.

 Land Acquisition: Acquiring land for governmental projects and compensating the
landowners.

Controllable factors under DCR:

Floor Space Index (FSI): It is the ratio of the covered area of a building (built-up area)
to the area of the plot (land) on which the building is meant to be built or stands. FSI is
the total amount of area (including all floors) that can be built upon a plot, leaving the
remaining as open space.

As per the new rules, balconies, flower beds, voids and niches are calculated in FSI and
to compensate the loss, the government has permitted fungible FSI up to 35 percent for
residential and 20 percent for commercial developments.

Parking space: There is a specified space for parking in residential, commercial and
educational institutions as per the defined rules in different States. However, as per the
norms, parking size should be a minimum of 2.5 m x 5.5 m (Motor Vehicle), 1.2-3 Sq. m
(2 Wheeler), 3.75 m x 7.5 m (Transport Vehicle)

Size of plots: As per the DCR, the size of plots appropriate for residential development
ranges according to the income level of occupants. The ideal size requirements under
DCR are -

1. Low-Income Group (LIG) - 135-180 Sq m

2. Mid-Income Group (MIG) - 216 to 360 Sq m

3. High-Income Group (HIG) - 486 to 972 Sq m

Lifts: A building with a height of more than 13 metres must have a lift from the ground
floor. The minimum capacity of the lift should be six persons.

Fire Safety: Buildings exceeding three floors need a certificate of approval from the Fire
Department. Moreover, every floor with more than 150 sq m of floor area and a capacity
of 20+ people should have at least two doorways, along with a staircase for the fire exit.

Structural design and services: The architectural design should be made as per the
prescribed norms of National Building Code of India. The building must possess
facilities of plumbing (for toilet and drinking), protection from lightning, electrical
installation, air-conditioning, etc.

MHADA :

SEC 33(5) 1 regulation of low cost housing schemes for ews and lig for maha housing
and area development authority.\

The Maharashtra Housing Board formerly called "Bombay Housing Board" was established in year
1948 and had a jurisdiction over the entire State of Maharashtra except Vidharbha region. This body
undertook construction of residential buildings under various housing schemes for different sections
of the society. The allotment and maintenance of these buildings was being looked after by it. On the
re-organization of the State, the Vidharbha Housing Board was established in the year 1960 as a
successor body to the erstwhile Madhya Pradesh Housing Board. Its functions were similar to those
of the Maharashtra Housing Board, except that it also advanced loan to co-operative housing
societies, institutions and local authorities for the construction of houses. The Bombay Buildings
Repairs and Reconstruction Board was constituted in 1971. It was created to deal with the problems
faced by tenants residing in dilapidated buildings in the Island City of Bombay and undertook its
structural repairs and reconstruction, so as to make them structurally sound and safe for habitation.
The Maharashtra Slum Improvement Board was constituted in 1974, with intention to provide basic
amenities, such as water taps, drainage, pathways, latrines and streetlights etc. in slums. To begin
with, its activities were confined to the Mumbai City and Mumbai Suburban Districts. These activities
were later extended to the other parts of the State. The Maharashtra Housing & Area Development
Authority (MHADA) was established by the Maharashtra Housing and Area Development Act, 1976.
It came into existence on 5 December 1977. The erstwhile Mumbai Housing and Area Development
Board was restructured by a Government Resolution dated 5.11.1992 and split into three separate
Boards viz. Mumbai Housing and Area Development Board, Mumbai Building Repairs and
Reconstruction Board and Mumbai Slum Improvement Board Under the Government Resolution No.
2679/B, dated 22.7.1992. At present MHADA is coordinating and controlling the activities of seven
regional housing boards, setup for each revenue division in the state viz. Mumbai, Konkan, Pune,
Nashik, Nagpur, Amravati, Aurangabad and two special purpose boards viz. Mumbai Building
Repairs and Reconstruction Board and Mumbai Slum Improvement Board. In Mumbai, it has
constructed about 3 lakh housing units.
Recently MHADA has come out with a low cost housing scheme offering 2,593 apartments in
Mumbai and Mira Road in its May 2012 Lottery Scheme. In a press conference on 28.08.2019
MHADA Chairman Uday Sawant stated that MHADA may not call lottery for 3 years due to
unavailabilty of housing stock[1]. MHADA has stock of only 217 houses as of August 2019.
 SRA

The Maharashtra government has been successful in paving the way for
providing ‘Housing for all’ by setting up of Slum Rehabilitation Authority
(SRA) flats.

What is an SRA flat?

Slums are a vital part of Mumbai city’s landscape. "Around 60 percent of the population is
expected to be located in slums in Mumbai", says Vipin Nayak, a Mumbai-based real estate
consultant. In order to enhance the standard of living, the Maharashtra Government formed
a committee in 1995 to develop a scheme to rehabilitate slum dwellers. The main aim of
setting up an SRA flat is to provide slum rehabilitation. The slum dwellers jointly agree to a
redevelopment of the slums and notifies the government to undertake the reconstruction
project. The government then works with a private developer who is shortlisted on the basis
of a successful bid.

Veena of a Mumbai-based local brokerage, Veena Estate, explains that usually two types of
construction is undertaken as part of the SRA project - one for the slum dwellers who get
the place in return for surrendering their existing homes of which the configuration is around
300 sq. ft. The rest of the portion goes to the builder who can sell these housing units to
buyers, like in the case of any other flat.

According to rules and regulations issued by SRA in its official website, the following points
are mandatory:

 Once the beneficiaries are allotted a property, they cannot sell as there is a lock-in
period of 10 years. The same rule applies to the builders.

 In case any transaction happens after 10 years, the state government is entitled to get a
share of the sale value. This is known as a transaction fee and will be deemed
necessary in the registration of the documents of sale. The fee will be equal to the
maximum stamp duty on the property, or Rs one lakh, whichever is more. For industrial
and commercial tenements, the cap for transfer fee will be Rs two lakh and Rs three
lakh, respectively.

 The buyer is required to submit a domicile certificate for purchasing an SRA flat. He or
his family members should not own a house within Brihanmumbai Municipal Corporation
(BMC) limits. In addition, the buyer and the original seller is not entitled to buy any SRA
flat.

 The buyer should belong to Economically Weaker Section (EWS), Lower Income Group
(LIG) or Middle Income Group (MIG). The sale deed will be made in the name of both
 husband and wife, wherever applicable. No partnership firms or organisations will be
allowed to purchase SRA homes.

PMAY

The Pradhan Mantri Awas Yojana (PMAY) has been introduced by Prime Minister,
Narendra Modi on 1 June 2015. PMAY Scheme is an initiative provided by the
Government of India which aims at providing affordable housing to the urban poor. The
mission is to provide housing for all by the year 2022, by that time Nation completes 75
years of its Independence.
Under this scheme, affordable houses will be built in selected cities and towns using
eco-friendly construction methods for the benefit of the urban poor population in India.
Also, under the Credit Linked Subsidy Scheme, beneficiaries under PM Awas Yojana
are eligible for interest subsidy if they avail a loan to purchase or construct a house.

Features of Pradhan Mantri Awas Yojana

 Under PMAY Scheme, subsidy interest rate is provided at 6.50% p.a. on housing loan
for the term of 20 years to all the beneficiaries.
 Differently abled and senior citizens will be given preference in allocation of ground
floors.
 Sustainable and eco-friendly technologies would be used for construction.
 The scheme covers entire urban areas in the country which includes 4041 statutory
towns with the first priority given to 500 Class I cities. This will be done in 3 phases.
 The credit linked subsidy aspect of the PM Awas Yojana gets implemented in India in
all statutory towns from the initial stages itself.

Objectives of PMAY Scheme

Based on recent estimates, as of September 2016, the population of the urban dwellers
in India increased at an alarming rate and is expected to see a greater rate of growth in
the following years. It is said that by 2050, urban dwelling population will rise to 814
million people. The calculation predicted is almost twice the number that already reside
in urban areas. The major challenges also include providing people with housing
options that are affordable and other major related concerns such as sanitation along
with sustainable development. The Ministry also has to ensure a sustainable and safe
environment for the urban population.
 The main objective of the PM Awas Yojana Scheme is housing that is affordable for
all by the year 2022.
 It also intends to make it accessible to demographics that are specific such as
economically challenged groups, women along people belonging to minorities such as
Scheduled Castes and Scheduled Tribes.
 The Government's other goal is directly in association with some of the most ignored
demographics which include widows, lower income group members, transgender and
henceforth provide them with sustainable and affordable housing scheme.
 Special preferences for ground floor properties will be given to differently abled and
senior citizens if required.
 Registration is mandatory to avail the benefits of this scheme which includes the strict
beneficiary names to be mothers or wives.
This scheme launch is intended to target urban areas of the following options to States
or Union Territories as well as cities as mention earlier.

MRTP ACT Maharashtra Regional Town Planning Act (1966)

Introduction

• To manage the transformation of India’s cities and towns effectively manage new growth requires
effective urban planning protocols, processes, and institutions underpinned by effective legislation.

• Taking a viewpoint that distinctive responses are required to transform the cities and towns from their
present stressed conditions and managing new growth in a manner that does not result in repeating the
present problems in the cities and town.

• To effectively manage the new growth, it is essentially means that the irregular landholdings and plots
will have to be given regular shapes they must be ordered each plot must be given access; infrastructure
services such as water supply and drainage must be provided; land must be appropriated for providing
roads, parks, social amenities, and low income housing, development controls must be prescribed to
result in a good quality-built form and levy development or betterment charges to offset the cost of
developing the physical and social infrastructure.

• Purpose of this report is to understand the planning objectives, to understand the legislative
procedure for the successful implementation project, to understand the gaps in the system, and
responsibilities of central, state and local authorities for sustainable and planned growth. Town Planning
Act –India

• Due to the rapid industrial growth coupled with increasing level of urbanization during mid-century,
the recognition of the need for viewing urban development as one whole integrated development in
which each sector has a definite role to play and not in unrelated manner, was felt by the town
planners.

• Town Planning Law is not new in India.

• The history of town planning legislation in India dates back to early part of the 20th century when the
previous Bombay Presidency took the lead in enacting the first town planning legislation in the country
viz.
The Bombay Town Planning Act, 1915

• The Bombay Town Planning Act, 1915 came into force on 6th March, 1915.

• This Act was then followed by other provinces later on .

• The Bombay act of 1915 mainly provided for; i. The preparation of town planning schemes (TPS) for
areas in course of development within the jurisdiction of local authority, and ii. The recovery by planning
authority of betterment contribution from the owners of benefitted lands

• It was observed that T.P. schemes prepared under the 1915 act resulted in the disorganized planning
having no relation with the adjoining areas.

• Needed for planned development within the municipal limits, need for upgrading the Bombay Town
Planning Act 1954 which was replaced 1915 & came in force in 1 st April 1957

• The concept of development plan (DP) was introduced for the first time in 1954 act as the main
planning instrument retaining the TPS for implementation of the DP.

• The Bombay act of 1954 was applicable to the former Bombay state, comprising of Saurashtra & Kutch
area, Gujarat area, Vidharbha & Marathwada area

Promotes and regulates developments in the urban area. Also, areas having potential of being
urbanized. It is a comprehensive planning act with development functions. This Act was adopted
subsequently by other states like Gujarat, Himachal Pradesh, Tamil

The participants:

1. Regional Planning Board – Director of Town Planning, Town planning officer, others appointed by the
state from local authorities and other persons with special knowledge or practical experience.

2. Regional Planning Committee – Advisory body

3. Planning Authority – local authority, a special planning authority

4. State Government 5. Public

The 3 scales 1. Regional Plan 2. Development Plan 3. Town Planning Scheme

Regional Planning contents & scale • Allocation of land for different uses • Reservation of areas for
open spaces, recreation etc. • Transport & communication • Public utilities & amenities like water
supply, drainage etc. • Reservation of sites for green field development • Preservation, conservation &
development of areas of natural scenery, forest etc. • Heritage preservation • Areas for military &
defense purposes • Prevention of erosion & afforestation, reforestation & other environmental issues •
Proposals for irrigation, water supply, flood control etc. • Distribution of population • Generally adopted
Graphic scale – 1:80,000 or 1:1,00,000

Constitution of Regional Planning Board By State Government Notification in official gazette

Survey of Region By Regional Planning Board No prescribed time limit, but as the State govt. may
determine

Preparation of Draft Regional Plan By Regional Planning Board Notification in official gazette; Copies
available for sale to public Suggestions & Objections invited before such date not less than 4 months

Suggestion & Objection from Public By Regional Planning Board

Modifications By Regional Planning Committee Reasonable opportunity to all persons affected of being
heard

Submissions to State Government By Regional Planning Board

Publication of ‘Final Regional plan’ & Date of operation By State Government Available for sale to public
Plan would come into operation not before 60 days from publication Restriction on change of user or
development

Revision of Regional Plan By State Government Not earlier than 10 years May follow the same process
right from ‘Establishment of region’

Development Plan contents & scale: • Allocation of land for different uses • Reservation of areas for
open spaces, recreation etc. • Transport & communication • Public utilities & amenities like water
supply, drainage etc. • Service industries, industrial estates etc. • Preservation, conservation &
development of areas of natural scenery, forest etc. • Heritage preservation • Proposals for irrigation,
water supply, flood control etc. • The filling up or reclamation of low lying, swampy or unhealthy araes,
or levelling up of land • Development control regulations • Generally adopted Graphic scale – 1:8,000 or
1:10,000
 Declaration of the intention to prepare DP By Planning Authority Notification in official gazette
Restriction on development
Suggestions & Objections invited By Planning Authority Notification in official gazette Restriction
on development Suggestions & Objections invited from public not before 60 days
Survey & preparation of existing Land-use map By Planning Authority Not later then 6 months
from the date of declaration of intention Time can be extended by Sate govt
Preparation of draft Development Plan By Planning Authority Not later then 24 months from the
date of declaration of intention Notification in official gazette
Suggestions & Objections invited By Planning Authority Suggestion & Objections invited with in
60 days from the notification
Modifications in the draft DP By Planning Committee The affected are given a reasonable
opportunity of being heard & submit report to Planning Authority within 2 months Including
modifications in draft DP within 3 months of receipt from PC Notification in Official Gazette
Suggestions & Objections invited from public By Planning Authority Within 60 days from date of
notice
Submission to the State Government By Planning Authority Within 12 months from the date of
publication of notice in the official gazette, regarding its preparation (may be extended but not more
than 24 months)
Sanction of plan By State Government Within 12 months from the date of receipt of plan,
Notification in Official Gazette

Final Development Plan & Acquiring of land By State Govt. & Planning Authority resp. Final DP
would come into operation after 1 month from its publication Acquiring of land within 10 years from the
date of operation Revision within 20 years from the date of operation

Contents of Draft Town Planning Scheme

1. Ownership, area and tenure of original land holdings.
2. Details of reservation, acquisition or allotment of land.
3. Extent and boundaries where plot reconstitution is required.
4. Total cost estimations.
5. Allotment of final plots to owner and transfer of ownership

Land management options

1. Land acquisition

2. Transferable Development Rights (TDR)

3. Plot reconstitution method

Shortcomings • No definite time limit prescribed for the preparation of DP by the planning authority •
Reservations for public use on private lands remains on • paper itself • DPs too idealistic, out of
implementing capacity • Act casts obligation on the planning authority to prepare a DP, but no similar
obligation to implement it • No time limit prescribed for TPS
HOW DOES HOUSING POLICIES IN INDIA SEEK TO REDUCE PROBLEMS IN SHORTAGE OF AFFORDABLE
HOUSING AND PROLIFERATION OF SLUMS.

The Indian Government has formulated many policies for housing especially since the late eighties
including the National Housing Policy of 1988 (Appendix XI). Additionally, many bodies like the National
Housing Bank (NHB) and Housing & Urban Development Corporation (HUDCO) had also been created to
facilitate the implementation of such policies. The first policy specific to urban housing was the National
Urban Housing and Habitat policy in 2007 (Ministry of Housing and Urban Poverty Alleviation, 2007). It
focused on affordable housing as a key objective for sustainable urban development. Following this,
many programmes specific to affordable housing have since been incorporated:

 Jawaharlal Nehru National Urban Renewal Mission (MoHUPA, 2015a) : It aimed to construct 1.5
Million houses for the urban poor in the mission period (2005-2012) in the 65 mission cities. Two
policies under JNNURM targeted housing. Integrated Housing and Slum Redevelopment Programme is a
direct housing policy measure under JNNURM. Basic Services for the Urban Poor (BSUP) aims at
providing entitlements such as security of tenure, affordable housing, and services such as water,
sanitation, health and education and social security to low-income segments

 Affordable Housing in Partnership (AHP)(MoHUPA, 2013): A market solution based approach by

involving private players.

 Rajiv Awas Yojana(MoHUPA, 2012a): This programme aimed at providing affordable housing to the
urban poor.

 On May 2015, Rajiv Awas Yojana (RAY) was rolled over into the Housing for All (HFA) by 2022 policy.
This report analyses the RAY and HFA 2022 policies after developing a framework for sustainable
policies for addressing the problem of affordable housing.

FRAMEWORK FOR POLICIES ON AFFORDABLE HOUSING

A policy on affordable housing should aim at two things: Improving reach of formal market. This can be
done through a coordinated approach that involves Increasing land supply  Using the vast amounts of
land with the government especially in central places more efficiently with affordable housing besides
public infrastructure having a larger claim on the same.  Resolving land title issues by adopting a
Torrens System and allowing squatters rights to some part of the land which are convertible to either
actual occupancy rights or rights that are transferable to more appropriate locations for affordable
housing.  Increasing FAR/FSI which would have the most impact on value creating affordable housing.
The fear of windfall gains to private owners of land suitably located to have higher FSI can be addressed
through bid based FSI and / or rights transfer.  Modify building bye-laws/ sanctions that are archaic in
nature and make them more functional and efficient Removing procedural bottlenecks for construction:
These can be carried out by:  Issuing tenure rights (sometimes transferable) to squatters, so that
investments to improve the quality of life can take place in these properties.  Directly subsidizing those
who cannot afford a housing in even the most efficient markets  Non taxing non-poor and non-rich
segments and reducing house taxes across the board for all income groups: High end properties could
be taxed to cross subsidise public housing and affordable housing
 Transfer of property
The Transfer of Property Act 1882 is an Indian legislation which regulates the transfer of
property in India. It contains specific provisions regarding what constitutes a transfer and the
conditions attached to it. It came into force on 1 July 1882.
According to the Act, 'transfer of property' means an act by which a person conveys the property to
one or more persons, or himself and one or more other persons. The act of transfer may be done in
the present or for the future. The person may include an individual, company or association or body
of individuals, and any kind of property may be transferred, including the transfer of immovable
property.
Transfer of Property means an act by which a living person can conveys property, in present or in future, to
one or more other living persons, or to himself, or to himself and one or more or other living persons, and
to transfer property is to perform such act.
The object of the Transfer of Property Act is to define and amend law relating to Transfer of Property by act
of parties and not to transfer by operation of law. A Transfer of Property is a contract hence all necessary
requirements to constitute valid contract are to be fulfilled.
OF TRANSFERS OF PROPERTY BY ACT OF PARTIES

(A) Transfer of Property, whether moveable or immoveable

“Transfer of property” defined 5. In the following sections “transfer of property” means an act by
which a living person conveys property, in present or in future, to one or more other living persons, or to
himself, or to himself and one or more other living persons; and “to transfer property” is to perform
such act.In this section “living person” includes a company or associations or body of individuals,
whether incorporated or not, but nothing herein contained shall affect any law for the time being in
force relating to transfer of property to or by companies, associations or bodies of individuals.

What may be transferred

6. Property of any kind may be transferred, except as otherwise provided by this Act or by any other law
for the time being in force.

(a) The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy
on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred

(b) A mere right of re-entry for breach of a condition subsequent cannot be transferred to any one
except the owner of the property affected thereby.

(c) An easement cannot be transferred apart from the dominant heritage.

(d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by
him.

(dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be
transferred.

(e) A mere right to sue cannot be transferred.

(f) A public office cannot be transferred, nor can the salary of a public officer, whether before or after it
has become payable.

(g) Stipends allowed to military, naval, air-force and civil pensioners of the Government and political
pensions cannot be transferred.

(h) No transfer can be made (1) in so far as it is opposed to the nature of the interest affected thereby,
or (2) for an unlawful object or consideration within the meaning of section 23 of the Contract Act, 1872,
or (3) to a person legally disqualified to be transferee.

(i) Nothing in this section shall be deemed to authorise a tenant having an untrasnferable right of
occupancy, the farmer of an estate in respect of which default has been made in paying revenue or the
lessee of an estate under the management of a Court of Wards, to assign his interest as such tenant,
farmer or lessee.

Persons competent to transfer

7. Every person competent to contract and entitled to transferable property, or authorised to dispose of
transferable property not his own, is competent to transfer such property either wholly or in part, and
either absolutely or conditionally, in the circumstances, to the extent and in the manner allowed and
prescribed by any law for the time being in force.

Operation of transfer

8. Unless a different intention is expressed or necessarily implied, a transfer of property passes

forthwith to the transferee all the interest which the transferor is then capable of passing in the
property, and in the legal incidents thereof.

Such incidents include, where the property is land, the easements annexed thereto, the rents and
profits thereof accruing after the transfer, and all things attached to the earth;

and, where the property is machinery attached to the earth, the moveable parts thereof;

and, where the property is a house, the easements annexed thereto, the rent thereof accruing after the
transfer, and the locks, keys, bars, doors, windows, and all other things provided for permanent use
therewith;

and, where the property is a debt or other actionable claim, the securities therefor (except where they
are also for other debts or claims not transferred to the transferee), but not arrears of interest accrued
before the transfer;

and, where the property is money or other property yielding income, the interest or income thereof
accruing after the transfer takes effect.

Oral transfer

9. A transfer of property may be made without writing in every case in which a writing is not expressly
required by law.
 Rent control act

The Rent Control Act governs the leasing of homes, with each State
having its own version of the Act. The new Act in Maharashtra, known as
the Maharashtra Rent Control Act, 1999, has made many changes in the
Bombay Rent Control Act and is applicable to the entire State.

In India, the first rent law was passed during the Bombay Presidency in 1915, and
afterwards in 1939. This was later replaced by the Bombay Rents, Hotel, and Lodging
House Rates Control Act, 1947. The Maharashtra Rent Control Act, 1999, is the final Act
which has replaced all the former Acts in a bid to regulate the rental housing market in the
State. According to Sapna, a Mumbai-based proprietor from Smilehomes, “The
Maharashtra Rent Act benefits both the tenants and the landlords. The Act aims at
providing affordable temporary accommodation to the residents of the State, while ensuring
a transparent relationship between the two parties.”

Both the Legislative Assembly and the Legislative Council had passed the Maharashtra
Rent Control Bill, 1999, with amendments that aimed to unify the three different rent control
laws in the State. This Act does not apply to any premises rightfully belonging to the
Government or a local authority, premises let or sub-let to the banks, any public sector
undertakings or any Corporation established by the Centre or the State Act. A landlord is
solely responsible for maintaining the entire residential or commercial building, and seek
amendments thereof.

The Maharashtra Rent Control Bill, 1999, specifies the duties of both the landlord and the
tenant -

Rent Conditions - The landlord maintains the right to decide the rent and increase it at the
rate of four percent per annum from the date of the commencement of the Act. The landlord
can also increase the rent at the rate of 15 percent per annum for improvements and
alterations if 70 percent of the tenants give a written consent. The rent can be further
increased by 25 percent per annum for specific structural repairs, exclusive of any repairs
carried out under the Maharashtra Housing and Area Development Authority (MHADA) Act.
If the taxes increase during the same period, then also the rent can be raised.

Eviction Conditions - Section 16 (1) of the Act provides that the landlord may recover
possession subject to the provisions under Section 25. Section 25 states that a landlord is
entitled to recover possession of any premises if the court is satisfied that the premises are
reasonable and authentic. The landlord can also recover possession if the tenant, without
the permission of the landlord, raises any permanent structure on the premises. If the
tenant, his agent, servant, people claiming under the tenant or anyone residing with the
tenant has been found guilty of conduct which is an annoyance or nuisance to the adjoining
house, the landlord can recover possession. Moreover, if the tenant has been convicted of
using the premises or allowing the premises to be used for illegal or any other unauthentic
purpose then also he is found accountable.

Rules for Rebuilding- The landlords have to meet various conditions for rebuilding
purposes. They need to carry out certain undertakings, as mentioned in the sub-section 6,
which are -

- Securing sufficient funds to carry out the work

- Planning for the proposed building should be prepared and approved by municipal
authorities

- The number of residential units in the new building should not be less than the number of
residential units in the old building

- Demolition work of the old building needs to be completed within three months and the
new building should be completed within 15 months thereafter

- The carpet area of premises in the new building must be the same as in the old building

- If the landlord gives an undertaking that the carpet area of premises allowed in the new
building are same as was in the old building, then the premises in the new building will be
offered to the tenants of the old building

Responsibility for repair of premises - According to the Act, every landlord is bound to
keep the premises in a good condition. If the landlord neglects repairs, the tenant can serve
them with a notice of fifteen days. If the landlord refuses to comply with the notice, the
tenant is eligible to make the repairs themselves and deduct the expenses of the repairs
from their rent or recover the amount otherwise. The recoverable amount should not exceed
one-fourth of the rent payable by the tenant for that year.

The legalisation of the pagdi system - In case of redevelopment of old properties in

Mumbai, there is a reference to pagdi properties. Pagdi refers to the consideration paid to a
landlord as a fine, premium or the consideration that has been legalised under Section 56 of
the Rent Control Act 1999. The pagdi system has provided an assurance to the tenant, that
despite price inflation or other fluctuations, their paid rent will be nominal. In few areas of
South Mumbai, the pagdi system is prevalent where some tenants pay a rent of Rs 500 per
month even when market rates might be as high as Rs 60,000.

Transfer of Tenancy – As per the Act, it is lawful for a tenant to receive an amount in
consideration of a relinquishment or transfer of his tenancy. In Mumbai, for the transfer of
tenancy, around 33 percent of the amount in the transaction is paid in cash to the landlord
to effect the transfer of tenancy.

URBAN RENEWAL
Urban renewal (also called urban regeneration in the United Kingdom and urban
redevelopment in the United States[1]) is a program of land redevelopment often used to
address urban decay in cities. Urban renewal is the clearing out of blighted areas in inner cities
to clear out slums and create opportunities for higher class housing, businesses, and more.
Modern attempts at renewal began in the late 19th century in developed nations, and experienced
an intense phase in the late 1940s under the rubric of reconstruction. The process has had a major
impact on many urban landscapes and has played an important role in the history and demographics
of cities around the world.
Urban renewal is a process where privately owned properties within a designated renewal area are
purchased or taken by eminent domain by a municipal redevelopment authority, razed and then
reconveyed to selected developers who devote them to other uses.
The concept of urban renewal as a method for social reform emerged in England as a reaction to the
increasingly cramped and unsanitary conditions of the urban poor in the rapidly industrializing cities
of the 19th century. The agenda that emerged was a progressive doctrine that assumed better
housing conditions would reform its residents morally and economically. Another style of reform –
imposed by the state for reasons of aesthetics and efficiency – could be said to have begun in 1853,
with the recruitment of Baron Haussmann by Louis Napoleon for the redevelopment of Paris.
This process is also carried out in rural areas, referred to as village renewal, though it may not be
exactly the same in practice.[2]
In some cases, renewal may result in urban sprawl when city infrastructure begins to
include freeways and expressways.[3]
Urban renewal has been seen by proponents as an economic engine and a reform mechanism, and
by critics as a mechanism for control. Though it may bring more wealth to communities, it may also
edge out its preexisting residents. Some redevelopment projects have been failures, including
the Kelo case, in which the U.S. Supreme Court upheld the taking by a 5 to 4 vote, but where
nothing was built on the taken property.
Many cities link the revitalization of the central business district and gentrification of residential
neighborhoods to earlier urban renewal programs. The goal of urban renewal evolved into a policy
based less on destruction and more on renovation and investment, and today is an integral part of
many local governments, often combined with small and big business incentives.
Until 1970, the displaced owners and tenants received only the constitutionally-mandated "just
compensation" specified in the Fifth Amendment to the U.S. Constitution. This measure of
compensation covered only the fair market value of the taken property, and omitted compensation
for a variety of incidental losses like, for example, moving expenses, loss of favorable financing and
notably, business losses, such as loss of business goodwill. In the 1970s the federal government
and state governments enacted the Uniform Relocation Assistance Act which provides for limited
compensation of some of these losses. However the Act denies the displaced land owners the right
to sue to enforce its provisions, so it is deemed an act of legislative grace rather than a constitutional
right. Historically, urban redevelopment has been controversial because of such practices as taking
private property by eminent domain for "public use" and then turning it over to redevelopers free of
charge or for less than the acquisition cost (known as "land write-down"). Thus, in the controversial
Connecticut case of Kelo v. City of New London (2005) the plan called for a redeveloper to lease the
subject 90-acre waterfront property for $1 per year.

JNNRUM

Jawaharlal Nehru National Urban Renewal Mission (JNNURM) was a massive city-
modernisation scheme launched by the Government of India under Ministry of Urban
Development. It envisaged a total investment of over $20 billion over seven years. It is named
after Pt. Jawaharlal Nehru, the first Prime Minister of India .
The scheme was officially inaugurated by Prime Minister Manmohan singh on 3 December
2005[1] as a programme meant to improve the quality of life and infrastructure in the cities. It was
launched in 2005 for a seven-year period (up to March 2012) to encourage cities to initiate steps
for bringing phased improvements in their civic service levels. The government had extended the
tenure of the mission foranother two years, i.emfrom April 2012 to March 31, 2014.
JNNURM was a huge mission which relates primarily to development in the context of urban
conglomerates focusing to the Indian cities. JnNURM aims at creating ‘economically productive,
efficient, equitable and responsive Cities’ by a strategy of upgrading the social and economic
infrastructure in cities, provision of Basic Services to Urban Poor (BSUP) [2] and wide-ranging
urban sector reforms to strengthen municipal governance in accordance with the 74th
Constitutional Amendment Act, 1992.

JnNURM primarily incorporates two sub-missions into its program:

 The Sub-Mission for Urban Infrastructure and Governance administered by the Ministry of Urban
Development, with a focus on water supply and sanitation, solid waste management, road
network, urban transport and redevelopment of old city areas.[citation needed]
 The Sub-Mission for Basic Services to the Urban Poor (BSUP)[2] administered by the Ministry of
Housing and Urban Poverty Alleviation with a focus on integrated development of slums.[3]

In addition to this, it has two further components:[4]

 The Sub-Mission for Urban Infrastructure Development Scheme for Small & Medium Towns
(UIDSSMT) administered by the Ministry of Urban Development, with a focus on subsuming the
schemes of Integrated Development of Small and Medium Towns (IDSMT) and Accelerated
Urban Water Supply Programme (AUWSP) which aim at planned urban infrastructural
improvement in towns and cities under its purview.[5]
 The Sub-Mission for Integrated Housing and Slum Development Programme (IHSDP)
administered by Ministry of Housing and Urban Poverty Alleviation (MHUPA) was envisaged and
brought into effect in 1993–94 in accordance with providing the entire population with safe and
adequate water supply facilities. The program is mainly implemented in towns with populations
less than 20,000 as per the 1991 census.[6]
Objectives[edit]
 Focused attention relating to infrastructural services in the context of integrated development is
to be covered under the mission.
 Make efficient and increase self-sustaining capabilities of cities as per the sector proving
infrastructural services by securing the linkages between asset creation and asset
management[citation needed]
 Ensure adequate investment of funds to fulfill deficiencies in the urban infrastructural services.
 Planned development of identified cities including peri-urban areas, out growths, urban
corridors, so that urbanization takes place in a dispersed manner.
 Scale up delivery of civic amenities and provision of utilities with emphasis on universal access
to urban poor.
 To take up urban renewal programme, i.e., re-development of inner (old) cities area to reduce
congestion.[7]
 Provision of basic services to the urban poor including security of tenure at affordable prices,
improved housing, water supply and sanitation, and ensuring delivery of other existing universal
services of the government for education, health and social security
Duration[edit]
The duration of the mission is seven years beginning from December 2005. During this period, the
mission sought to ensure sustainable development of participating cities. An evaluation of the
experience of implementation of the mission would be undertaken before the end of the Eleventh
Five Year Plan in 2012. The duration of the mission was extended by two more years: until 31 March
2014.[citation needed]

Implementation mechanism[edit]
The funds are channelled through state-level agencies, where grants from the central and state
governments are pooled and passed on as grants or soft loans to cities provided that they have
prepared development strategies and that the investments identified fit within these strategies. The
mission emphasises transparency and accountability. It supports public-private partnerships and
cost recovery to make service providers financially self-sustaining. [3] The share of grant funding by
the central government can vary from 35% in the largest cities to up to 90% in cities in the Northeast.
Most cities receive grants covering 50% or 80% of costs depending on size. [8] Capacity building is
also included in the mission to assist urban local bodies to prepare strategies and projects.
Currently, ten projects are covered by JNNURM funds pertaining to road network, storm water
drains, bus rapid transit system, water supply, solid waste management, sewage treatment, river
and lake improvement, slum improvement and rehabilitation, all fall under its scope.

What is stamp duty & why to pay it?

Possession is the physical transfer of the property is not sufficient. You also need to
have legal ownership. At the time of registration, you will also have to pay a stamp
duty which is a government tax levied on property transactions
What is stamp duty?
It is a tax, similar to income tax, collected by the government. Stamp duty is
payable under Section 3 of the Indian Stamp Act, 1899. Stamp Duty must be
paid in full and on time. If there is a delay in payment of stamp duty, it
attracts penalty. A stamp duty paid instrument / document is considered a
proper and legal instrument / document and has evidentiary value and is
admitted as evidence in courts. Document not properly stamped, is not
admitted as evidence by the court.

When is the stamp duty payable?

It is payable before execution of the document or on the day of execution of
document or on the next working day of executing such a document.
Execution of the document means putting signature on the instrument by
the person’s party to the document.