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Public Participation in Urban Planning with
respect to 74th
CAA & JNNURM Reforms:
A case of Gujarat
Presented by: Shashi Tindwani tindwanishashi@gmail.com
National Seminar on Public Participation in Planning India International Centre, New Delhi
January 22 - 23, 2015
Junior Town Planner at GIDB Gujarat
1. Introduction
2. Need of the Research
3. Contemporary Planning Vs. Participatory
Planning
4. Participatory Planning Experiences (Case Studies)
5. Study Area Profile & Sample Size Selection
6. Urban Reforms for Community Participation
7. Difficulties in implementing Community
Participation by ULBs and NGOs
8. Inferences
9. Way Forward
Structure of Presentation
1. Introduction
4
Introduction
The Oxford English Dictionary defines participation as “to have a share in” or “to
take part in,” thereby emphasizing the rights of individuals and the choices that
they make in order to participate.
• The development should
be inclusive rather than
dreamy development in
which only a few heads
are taking decision for
rest of people
• Urban Planning is a prime
example of the need for
community participation,
for it affects everyone and
becomes more need and
demand based
5
Introduction
The recent thrust of Government of India to upgrade urban infrastructure and basic
services through Urban Reforms:
1) JNNURM
a. Community participation Law (CPL)
b. Public Disclosure Law (PDL)
2) 74th Constitutional Amendment Act
• The research theme is to explore the prospect of public participation in Gujarat
as my post-graduation dissertation with the main perspective of selecting Urban
Local Bodies (ULBs) according to status category wise i.e. Municipal Corporation
(MC)-Ahmedabad, A-Anand, B-Gondal, C-Karamsad and D-Kheda is to
understand the level of participation.
• Additionally, I had an opportunity to study the scenario of public participation in
Development Plan (DP) and Town Planning Schemes (TPS) of Dholera Special
Investment Region (DSIR) very briefly as a part of my professional planning job at
Gujarat Infrastructure Development Board (GIDB), Government of Gujarat.
2. Need of the Research
7
• Traditionally urban planning is a top down, expert driven and supply driven
process. The important link of people's participation is the glaring need so
that the planning process becomes more need and demand based
• The need of the research has arisen due to the combined effect of various
factors like lack of awareness and understanding of the concept and
applicability of the participatory planning processes
• Given the scenario it becomes imperative to look into the urban planning
process and the interface where platforms are provided for general public
to participate; how and in what capacity general public are involved in
the planning process and what can be done to augment the whole
contemporary urban planning process to have a more enhanced and
effective participation
• At this stage, it is essential to look at whether the decentralized governance
has the ability to promote development at the grassroots level if it meets
conditions such as people’s participation
Need of the Research
3. Contemporary Planning Vs. Participatory Planning
9
Sr. No. Contemporary Planning Participatory Planning
1 Centralized (from the center to the periphery) Decentralized (from the periphery to the center)
2 Vertical and imposed (from the top to the bottom) Horizontal and agreed upon (from the bottom to
the top)
3 Technical (done by experts) Dialogue-based (promoting discussion of different
knowledge)
4 Done by sector or industry Integral, considers the whole picture
5 Done to meet legal requirements (what matters is
compliance)
Is seen as a real necessity (what matters is the
content)
6 Assigns who is responsible for what task but does
not assume responsibility
Assigns responsibilities and social commitment
7 Excluding Inclusive
8 Authoritarian Democratic
9 Distances State and Civil Society Brings State and Civil Society closer
10 Recognizes a certain population as an object that
will benefit from the plan
Recognizes social actors as active subjects in their
own development
11 Responds to an intervening/controlling State Encourages a facilitating State
12 Is ignorant of the conditions specific to each
location
Is based on a knowledge of the concrete and
particular conditions of that location
13 Creates lack of confidence in institutions Builds relationships of confidence
14 Promotes confrontation and the imposition of power Promotes Political commitment and support
15 Decreases manageability Increases manageability and Accountability
Contemporary Planning Vs. Participatory Planning
4. Participatory Planning Experiences
(Case Studies)
11
Participatory Planning Experiences (Case Studies)
Case Study Brief Profile Purposes Stakeholders Considerations Techniques Used
Bhagidari Model-
Delhi, India
Launched in 1998 to make Governance-Participative and Responsive
To engage people and the RWAs in Collection of water and electricity bills rainwater-harvesting scheme, removal of Slums
Public in General, RWAs, Traders Associations, Govt. Department
Workshops with citizen, the
RWAs &Traders Association
discuss suggestions-solutions
with Deputy Commissioner.
Workshop, Meetings
on regular Basis,
Monthly Review
Bangalore
Agenda Task
Force (BATF),
India
Formed in 2000, to
believe in the citizen
centred approach with
efficiency
Up-gradation of
infrastructure; public health
and sanitation; roads and
traffic; financial reforms
Govt. Departments,
Corporate sector,
Civil society
The stakeholders were to sit
together and agree on an
approach and formulate
projects
Workshops, Surveys,
Plan Preparations
Fast Reliable
Instant Efficient
Network for
Disbursement of
Services-FRIENDS,
Kerala, India
Launched in 2000,
“Single Window
Mechanism” where
citizens have to pay all
taxes and other financial
dues to Govt.
To provide an integrated
electronic interface where
citizen can obtain information
from Govt. and pay rents
Electrical
Inspectorate,
Universities, Kerala
Water Authority,
Kerala State
Electricity Board
The effective integration of
IT and logistics for citizen
services. The counters are
equipped to handle around
1000 types of bills various
departments
Stakeholder need
assessments, citizen
feedback, Discussion
with target groups
Participatory
Budgeting: Porto
Alegre (PB),
Brazil
Instituted in 1989,
Participatory budgeting
is a tool to engage
people in making
decisions about how
local budgets are spent
Promote public learning and
active citizenship, Reform the
administrative apparatus
Citizens
Government
Budget prepared by the
ULB & distributed to citizen
in March & ULB has to
forward the documents to
the ministry of finance
Community-led
debates ,
Neighbourhood
votes,
Public meetings
Inferences
•Decentralization of powers
•Conflict resolution
•Identification of issues and
priorities
•Increase efficiency of the ULB
though people’s involvement
•Govt. Officials
•Elected
Representatives
•Community &
Social Groups,
NGOs
•Beneficiaries &
Affected People
•Pre-Planning: Identification
of Stakeholders ,Concerned
Issues
•Planning, Monitoring &
Implementation by
Stakeholders
•Post-Planning: Performance
Audit, Reviews
•Interviews
•FGD
•Workshops Seminars
•Review, Monitoring
•Citizen’s Group
•Steering Committee
5. Study Area Profile & Sample Size Selection
• ULBs selected according
to status category wise
(Municipal Corporation-
MC, A, B, C, D) is to
understand the level of
participation,
• For the study purpose 1
MC and 4 ULBs are
selected
• The scenario of public
participation in
Development Plan (DP)
and Town Planning
Schemes (TPS) of
Dholera Special
Investment Region (DSIR)
MC D
A
C B
SIR
Study Area Profile & Sample Size Selection
Status
Category ULBs
Total Population (As per Census
2001)
Sample Size
Total
HH
HH from
Slums NGOs
MC Ahmedabad 3520085 100 20 2
A Anand 130685 50 10 1
B Gondal 96016 50 10 1
C Karamsad 28955 50 10 1
D Kheda 24136 50 10 1
SIR Dholera 37000 NA
Total Sample Size: 5 ULBs, 6 NGOs, 300 HH Random Sample Selection Method is used
For public interface of Households, ULBs, and NGOs, precise Variables are
tested in selected sample size. The variables of evaluation of community
participation are Civic Literacy and Civic Engagement
Community Participation
Law (CPL)
Development Plan
Right to Information (RTI)
Public disclosure Law (PDL) City Development Plan
(CDP) E-Governance
74th CAA
Town Planning Scheme
(TPS)
Smart use of Information
Communication
Technologies (ICTs) and
Media
Accountability of elected
representatives
Participatory Awareness Participation in Urban
Planning
Other models for
Community
Participation and Public
Disclosure
6. Urban Reforms for Community Participation
15
Urban Reforms for Community Participation
1. 74th Constitutional Amendment Act (74th CAA)
Devolution of greater functional responsibilities and financial powers to
municipalities, adequate representation of weaker sections and women in
municipalities, regular and fair conduct of municipal elections, and constitution of
Wards Committees, District Planning Committees, Metropolitan Planning
Committees, and State Finance Commissions and constitution of three types of
municipalities:
1) Nagar Panchayats for areas in transition from a rural area to urban
area
2) Municipal Councils for smaller urban areas
3) Municipal Corporations for larger urban areas
Implementation of 74th CAA in Gujarat
All the ULBs have implemented 74th CAA and incorporated XII schedule into the state
municipal act. All the selected ULBs as per the cadre (MC, A, B, C, D) are doing all the
18 functions as per their capacity- partly, completely or participation from NGOs are
appreciated in the broad perspective
Sr. No
Functions listed in 12th Schedule
Incorporated in
the State Municipal Act
Transferred to ULBs
Ahmedabad Anand Gondal Karamsad Kheda
1 Urban Planning including town planning Yes Completely Completely Completely Completely Completely
2 Regulation of land-use and construction of buildings Yes Completely Completely Completely Completely Completely
3 Planning for economic and social development Yes Completely Completely Partly Partly Completely
4 Roads and bridges Yes Completely Completely Completely Completely Completely
5 Water supply- domestic, industrial and commercial Yes Completely Completely Completely Partly Completely
6 Public health, sanitation, conservancy and SWM Yes Completely Completely Completely Completely Partly
7 Fire Services Yes Completely Completely Completely Completely Completely
8 Urban forestry, protection of environment and ecology Yes Completely Partly Partly Completely Partly
9 Safeguarding the interests of weaker sections society including the handicapped and mentally retarded
Yes Completely Completely Partly Completely Partly
10 Slum improvement and up-gradation Yes Completely Completely Partly Partly Partly
11 Urban poverty alleviation Yes Completely Completely Partly Partly Partly
12 Provision of urban amenities and facilities- parks, gardens and playgrounds
Yes Completely Completely Completely Completely Completely
13 Promotion of cultural, educational, and aesthetic aspects
Yes Completely Completely Partly Partly Completely
14 Burials and burial grounds, cremations, cremation grounds and electric crematoriums
Yes Completely Completely Completely Completely Completely
15 Cattle pounds, prevention of cruelty to animals Yes Completely Completely Completely Completely Completely
16 Vital statistics including registration of births and deaths Yes Completely Completely Completely Completely Completely
17 Public amenities including street lighting, parking lots, bus stops and public conveniences
Yes Completely Completely Completely Completely Completely
18 Regulation of slaughter houses and tanneries Yes Completely Completely Completely Completely Completely
16
Urban Reforms for Community Participation
2. Public Disclosure Law (PDL)
Transparency in the functioning of the government
For effective Public Administration
Good Governance
Law deals with financial data disclosure in terms of financial statements, frequency of audits, service level information etc. The manners of disclosures are: Newspapers, Internet/Website, Notice Boards of the Municipality and Ward Offices
City
Any formal provision for public
disclosure of accounts and audit
statements of municipality.
On notice
board Newspaper
Ahmedabad Yes Yes No
Anand No No No
Gondal No No No
Karamsad Yes Yes No
Kheda No No No
Implementation of Public Disclosure Law (PDL) in Gujarat
Disclosure of accounts and audit statements on the notice board for the citizens to
give information about their income and expenditure is provided by most of the
ULBs. But very few ULBs provide Disclosure of Quarterly Audited Financial
Statements at every three months- January, April, July, and October
17
Urban Reforms for Community Participation
• 1st community participation
legislation
• Creates a new tier of decision making
in each municipality called the Area
Sabha
• The fundamental purpose is to
establish appropriate political and
accountability spaces to link urban
governance with the people by
institutionalizing citizen participation
3. Community Participation Law (CPL):
Implementation of Community Participation Law (CPL) in Gujarat
Draft Notification for CPL of the Government of Gujarat issued under Bombay
Provisional Municipal Corporation (BPMC) Act 1949
I. Municipality Level- Constitution of Municipal Corporation/Councils in ULBs
II. Ward Level- Each ward provide adequate representatives of people’s interest
• ULBs are in form of availing of Ward Committees (WCs)
• CPL provides for reconstitution of WCs including members of civil society and
Area Sabha representatives. But, Gujarat’s Law does not include these
members and maintains its old structure as per the BPMC Act 1949
III. Below Ward Level-
• There is no provision below the Ward Level such as Area Sabha
• At the sub-ward level, State Government is considering setting up Urban
Resource Centres (URC) as model for Public Participation
18
4. Development Plan
Urban Reforms for Community Participation
Macro level plan giving the
direction of the growth of the city
and provides infrastructure
requirement, socio-economic &
environmental aspects
Public Interface
• The percentage of objections against total population is very low because
notification published in government gazette in Gujarat has very limited
circulation and the notification published on the notice board of local
authority is limited to few people.
• Ratio in Ahmedabad, Karamsad and Kheda are 1.33%, 0.69%, and 0.08%
respectively
For Dholera SIR
• Village wise consultations made to achieve dynamic world class centre of
industrial excellence, high quality infrastructure, community & leisure facilities,
sustainable use of scarce resources
• 424 objections and suggestions received
• Modifications based on the above are incorporated
Source: Primary Survey & Report of DSIRDA, 2011-2012
19
5. Town Planning Scheme (TPS)
Urban Reforms for Community Participation
• Micro plans for the
implementation of DP and
The statutory provision of
pooling together all the land
under different ownership
and redistributing in a
properly reconstituted form
after deducting for roads
and public purpose.
• Area 100 to 200 ha
• In Dholera SIR, TPS are used
as a tool for infrastructure
development (Area- 5000
ha to 10000 ha)
Public Interface
• Draft TPS put on public display in Development Authority office.
• The stakeholders are notified through newspaper and requested to provide
objection in writing.
• The owners’ meeting is conveyed in the development authority office.
Participation level is virtuous because of individual interest. The TPS are
implemented in Ahmedabad (MC), Anand (A), Gondal (B) and Karamsad (C).
Kheda (D) does have the advantage of TPS; in the near future they are trying to
implement it.
For Dholera SIR – 6 DTPS
• Every land owner consulted
• People made aware about the concept and the process
• Plot level planning published for public inspection, Each and every final plot to
get road access and all infrastructures.
20
6. City Development Plan (CDP)
Urban Reforms for Community Participation
CDP can be classified as: Assessment of existing situation, City's demography,
Financial, Infrastructural, Environmental profile, formulating strategies to achieve the
vision, Preparation of City Investment Plan
Public Interface
• The process involves visual surveys, random group discussion along with other
activities, field investigations in the form of random interviews
• Ahmedabad is JNNURM town from selected cities
• State initiative is to prepare CDP for small & medium town. Concept of CDP
adopted for Anand, Gondal, Karamsad by Gujarat Urban Development Mission
(GUDM).
• The city consultation process does not give a clear picture of the stakeholders
involved in the consultations; the ratio objections/suggestions in the proportion to
the total population of any selected ULB area are very low for CDP
21
Urban Reforms for Community Participation: India
7. Other models for Community Participation and Public Disclosure
Right to Information Act (RTI), 2005
Every public authority to provide information held or controlled by it to
achieve the true spirit of decentralisation
As per the primary survey analysis, the attentiveness about RTI is pretty
healthy in all chosen ULBs and seen in both area- slum (40%) and non-slum
(50%)
E-Governance
The use of modern technology in government results in better service delivery
to citizens, in terms of timelines and quality, thus making governance more
efficient and effective
It is on the fully operation mode in most of the ULBs or on the path to achieve
complete alignment very soon
7. Difficulties in implementing Community Participation by
ULBs and NGOs
23
Difficulties in implementing Community Participation
The major difficulties faced by ULBs
1. The public has little knowledge about existing legal practices
2. More education and training is required for Public/NGOs
3. Government officials need to be trained more to manage procedure for
community participation
4. Government officials are neither open to initiate nor implement community
participation provisions
The major difficulties faced by NGOs
1. Lack of Funds
2. Poor Governance
3. Poor Networking
4. Poor Communications
5. Limited Capacity
6. Development Approaches
7. Relationships with other Local NGOs
8. Political Interference
9. Lacks of Volunteers
8. Inferences
25
Inferences
Intervening Variables Inferences
Public Disclosure Law Disclosure of Quarterly Audited Financial Statements should be made
as mandatory for citizens and should be made clearer to ensure
transparency and accountability. Manner of disclosure - Newspapers,
Internet, Notice board of Municipalities and Ward Offices
Community Participation
Law
Ward committee must be established and made functional. After that
constitution of Area Sabha should be there to increase participation
at grass root level. The division of work amongst the Municipal
Corporation, Ward Committee and Area Sabha as per the activity
mapping prescribed under the CPL. The ward committees must be
given financial powers and should have a say in the approval of
municipal budget.
Development Plan The stakeholders can be identified through sector wise and
geographical region. The publication of DP and exhibition of the
same is recommended to be decentralised & held at major locations
of the development area where maximum people can reach like in
major development areas, core city, central business districts, etc.
Town Planning Schemes The owners meeting & consultation should be held on the site of the
scheme itself for people to have access to such public
hearings/meeting & maximise the people participation.
26
Inferences
Intervening Variables Inferences
City Development Plan In Consultation process, the involvement of different types of
stakeholders should be made in clear terms and provide a say to urban
poor/slum.
Accountability of
elected representatives
It should be made in complete form.
E–Governance It should be kept in fully operational mode for making governance more
efficient and effective in terms of timelines and quality.
Public Forum/
Workshops/Meetings
These are aimed at sharing with the wide audience on the proposed
plans and projects. Venues are normally town halls/open grounds, etc.
for the urban resident to participate in the decision making process.
Smart use of ICT/Media Public meeting notices and other information could be released in the
press, ULBs with official websites, displayed in Local Cable TV,
announced in Radio channels & make mobile application as latest use of
technology. Displays/Posters/Disbursement of Information for the same.
Student Forums Students are made aware of the programmes through visits,
competitions (essay, debates) and they become agents to ignite
community participation.
Citizen Report Cards Tools used for monitoring and evaluation.
9. Way Forward
28
Way Forward
Public Participation is not just a moral argument: it is a strong accountability
mechanism
The research recognises that Public Participation is necessary in decision making
process should be a public affair where citizens are involved at grassroots level
The essential use of tools & techniques, smart use of ICTs, awareness programs,
encourage equal participation by both men and women which are needed to
build Public Participation strongly
The work of some ULBs and NGOs seem good enough and need to take the
lead for capacity building of citizens to enable them to participate in the
governance of their cities. As per the 74th CAA and CPL, creates a new tier of
decision making in each municipality, called Ward Committee, the Area Sabha
which needs to be made practical to boost community participation at grassroots
level.
In order to make the planning process more sustainable and acceptable, The
process should respond to the need of the end user and not just make provisions
for the future.
29
Thank You
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