public participation in urban planning with respect to...

Public Participation in Urban Planning with

respect to 74th

CAA & JNNURM Reforms:

A case of Gujarat

Presented by: Shashi Tindwani [email protected]

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


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


18 Regulation of slaughter houses and tanneries Yes Completely Completely Completely Completely Completely

16


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


• 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


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)


• 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)


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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