IMPLICATIONS OF THE 73rd AND 74th AMENDMENTS FOR PLANNING

Background:

Cities grow. There is a sense of inevitability about this

in all minds. Those who have lived in Bangalore for
sometime would affirm that, in the recent past, its
spatial growth has rapidly brought in its fold areas that
were considered beyond its boundaries as commonly
perceived. This has been the case with areas such as
Peenya, Nelamangala, Yelahanka, Nagarbavi, Kengeri,
Dasarahalli, Whitefield, Bommanahalli, Hebbal,
Marathalli, etc.

This physical expansion of Bangalore is obviously one of

the most tangible offsets of its rapid pace of growth.
With the State’s concentrated emphasis on Bangalore’s
development and promotion as an ideal city (being known
as the garden city, pensioner’s paradise, etc), came of
the influx of professionals along with migration of cheap
labour all in search of work. This could not be
accommodated within its existing boundaries resulting in
the outward movement of its elastic boundary.

During the past many decades, spatial planning of

Bangalore has been a very top down process with the
Bangalore Development Authority (BDA) being the monopoly
in the preparation of comprehensive development plans for
Bangalore. The spatial growth and the zonal regulations
have all been decided without involving the local bodies
which will be directly affected in the event of such
planned growth. However, now, it is constitutionally
mandatory that such a process be amended suitably to
factor in the role of the local self governance
authorities not just as spectators but as active
participants having powers to affect the planning
process.

The 90’s; the period which witnessed the period of most

rapid spatial growth of Bangalore, also saw the crucial
73rd and 74th amendments to the Constitution according
constitutional status to the Panchayats and the
Municipals Corporations. The spirits of these amendments
were to enforce decentralization and development planning
through local governance. However, despite the
implementation of these amendments through consequent
state legislations, in the context of Bangalore’s rapid
urbanization, what we are witness to is the further
concentration of development planning and de-facto
governance (of areas coming under the Panchayat and
Municipal Council jurisdiction) with the Urban bodies
such as the BDA and para-statal bodies like the Karnataka
Industrial Areas Development Board (KIADB). This raises
questions regarding the right of the local bodies to be
party in the planning of development in the areas under
their jurisdiction. What is also brought to fore is the
lack of participation of the local bodies and their
mandate in development planning in their areas. What is
evident is the undermining of the decision-making and
participatory powers of the local bodies by the high-
level government authorities.

More recently we have witnessed the promotion of

Bangalore as the Information Technology (IT) capital of
India, India’s Singapore, etc. This has resulted in
further influx and greater pressure on the existing city
to yet again expand and provide all necessary services to
the IT companies. To this extent we have seen the setting
up of the construction of new roads, ring roads,
flyovers, Electronic city, ITPL, etc. The State has also
envisaged projects on the peripheral areas such as the
Devanahalli International Airport, Arkavathy Layout
(BDA), Hi-tech city and link road between Hosur and
Sarjapur (BDA), Bangalore Mysore Infrastructure Corridor
(BMIC) and the IT Corridor among others. Obviously the
physical expansion of the city is inevitable and indeed
on the fast track now.

It is obvious that the growth of the city, at all points,

has meant the erasure of rural spaces and the associated
impacts – social, cultural and economic – on the village
communities. More often than not, the result has been
devastating on the communities especially the landless
laborers, small entrepreneurs and local artisans. It is a
matter of fact that the physical expansion of the city –
neither whether caused by the State nor by private
developers interested in quick profits from housing
ventures, resorts, etc – is detached from any concern for
the needs and rights of the affected rural communities
nor is there any participatory process initiated in
either planning or implementation. While this process
obviously gives rise to critical questions regarding
citizenship and democracy, it also brings to fore the
abject neglect of these communities and their fundamental
rights.
Therefore, there is a definite need to engage with the
above emerging issues and engage with procedures and
processes of urban planning and the role of the Bangalore
Development Authority, Bangalore Mahanagara Palike (BMP),
Karnataka Industrial Areas Development Board, Panchayats,
Municipalities, Bangalore Agenda Task Force, Bangalore
Metropolitan Region Development Act (BMRDA), and other
relevant authorities.

Constitutional and Legal Framework:

Constitutional Framework
The 73rd and 74th Constitutional Amendments Acts were
introduced in the early 1990's in a bid to achieve
democratic decentralization and provide constitutional
endorsement of local self governance authorities. These
amendments confer authority on legislatures of States to
endow respectively Panchayats and Municipalities with
such powers and functions as may be necessary to enable
them to act as institutions of self – government. For the
purpose, the Panchayats and Municipalities have been
charged with the responsibility of preparing and
implementing plans for economic development and social
justice including those in relation to matters listed in
the Eleventh and Twelfth Schedules of the Constitution.
The central objective of these amendments is the
decentralization of planning and decision making
procedures. It also has the implicit intention of
removing centralized notions of control and monopoly over
development of resources.
Panchayats
Article 243G provides that, subject to the provisions of
the Constitution, the legislature of any State may, by
law, endow the Panchayats, with such powers and authority
as may be necessary to enable them to function as
institutions of self-government and such law may contain
provisions for the devolution of powers and
responsibilities upon Panchayat at the appropriate level.

Municipalities
Articles 243W provides that, subject to the provisions of
the Constitution, the legislature of any State may, by
law, endow the Municipalities, with such powers and
authority as may be necessary to enable them to function
as institutions of self-government and such law may
contain provisions for the devolution of powers and
responsibilities upon Municipalities respectively at the
appropriate level.

Powers and Functions

The Panchayats have been entrusted with the
implementation of schemes for economic development and
social justice including those in relation to the matters
listed in the Eleventh schedule.

The Municipalities have been entrusted with the

implementation of schemes for economic development and
social justice including those in relation to the matters
listed in the Twelfth schedule. These being, among
others,
- Urban Planning and town planning
- Regulation of land-use and construction of buildings
- Planning for social and economic development
- Slum improvement and up gradation
- Provision of urban amenities and facilities such as
parks, gardens, playgrounds
- Public amenities including street lighting, parking
lots, bus stops and public conveniences.
Article 243ZD provides for the creation of a district
level planning committee for the preparation of the
District Development Plan. The District Planning
Committee has been placed with the powers to prepare a
draft district development plan to consolidate the plans
prepared by the panchayats and municipalities, having
regard to matters of common interest including spatial
planning, sharing of water and other natural and physical
resources, the integrated development of infrastructure
and environmental considerations. Further, the district
development plans should be prepared to consolidate the
plans prepared by the panchayat and municipalities.
Article 243ZE provides that for metropolitan areas, a
metropolitan Planning Committee shall be elected by and
from amongst the elected members of the municipalities
and chairpersons of the panchayats within the
metropolitan area in proportion to the ratio between the
population of the municipalities and panchayats in the
metropolitan areas having the same mandate as mentioned
above for the district planning committee.
Article 243N and Article 243ZF provides that, any
provision of any law relating to Panchayats and
Municipalities respectively, in force at the time of the
of the amendments, which are inconsistent with the
provisions of this amendment, shall continue to be in
force until amended or repealed by a competent
legislature or other competent authority or until one
year from such commencement, whichever is earlier.

Legal Framework:

Local Government

Karnataka Panchayati Raj Act, 1993

Section 58 (1) of the Act offers that the Gram Panchayat
shall perform the various functions, including,
- Preparation annual plans for the development of the
Panchayat area
- Preparation of annual budget
- Promotion and development of agriculture and
horticulture
- Development and maintenance of grazing lands and
preventing their unauthorized alienation and use
- Promotion of rural and cottage industries
- Distribution of house sites within Gramthana limits

According to Section 309 of the Karnataka Panchayati Raj

Act, 1993, the Gram panchayat, Taluk panchayat and Zilla
panchayat are empowered to prepare yearly development
plans. The Zilla panchayat would forward the development
plan for the district to the District Planning Committee.
Section 310 provides for the constitution of the District
Planning Committee.

Karnataka Municipal Corporations Act, 1976

Post the 74th amendment the government of Karnataka
introduced amendments to the above mentioned Act
inserting Section 503A and 503B. While Section 503B
provides for the constitution of Metropolitan Planning
Committee for metropolitan areas, Section 503A provides
for the preparation of the development plan every year by
every corporation and forwarding of the same to the
Metropolitan Planning Committee or the District Planning
Committee as the case may be.

Karnataka Municipalities Act, 1964

Through similar amendments to the Karnataka
Municipalities Act, 1964 Section 302A has been inserted
in the Act that provides for the preparation of yearly
development plans by every Municipal Council to be
submitted to the Metropolitan Planning Committee or the
District Planning Committee as the case may be.

The municipalities have been entrusted with the powers

and responsibilities in most matters relating to entries
2 to 18 in the Twelfth schedule except in relation to the
first entry “urban planning including town planning”.

Planning

Karnataka Town and Country Planning Act, 1961

Urban planning in Bangalore is largely governed by the
Karnataka Town and Country Planning Act, 1961. The
Karnataka Town and Country Planning Act aims to provide
for the regulation of land use development and for the
making and execution of town planning schemes in the
State of Karnataka. In order to insure that town-planning
schemes are made in a proper manner and their execution
is made effective, the Act provides for declaration of
“local planning areas” and a “local authority” to prepare
a development plan for the entire local planning area
falling within its jurisdiction. The Bangalore
Development Authority is the Planning Authority for the
local planning area comprising the city of Bangalore.
Every Planning Authority is a body corporate having
perpetual succession on a common seal having power to
acquire hold and dispose property, enter into contracts
and sue and be sued in its own name.

The extent of the Local Planning Area of Bangalore

comprises the Bangalore city and the surrounding Towns
and Villages as listed in Notification No. HDP 496 TTP 83
(1) dated 06-04-1984.

The Karnataka Town and Country Planning Act mandates

every Planning Authority to prepare an Outline
Development Plan and a Comprehensive Development Plan for
the area falling under its jurisdiction. The Outline
Development Plan generally indicates the manner in which
the Development and Improvement of the entire Planning
Area is to be carried out and regulated. Every land use
and change in land in the development of the Planning
Area is to thereafter conform to the Outline Development
Plan. Any change in the local use can be made only with
written premises of the Planning Authority.

With in a period of three years from the date of the

Publication of Outline Development Plan, the Planning
Authority prepares a Comprehensive Development Plan. The
Comprehensive Development Plan consists of a series of
Maps and Documents which indicate the manner in which the
Development and Improvement of the entire Planning Area
is to be carried out and regulated.

Once the Comprehensive Development Plan and the report

are finally approved, they are published by the Planning
Authority. On publication, the Comprehensive Development
Plan supersedes the Outline Development Plan. The
Comprehensive Development Plan is to be revised at least
once in ten years after coming in to force. The Karnataka
Government under GO No. HUD 139 MNJ 94 dated 5thJanuary,
1995 has passed the zoning of land use and regulations.

Statutory Authorities / Corporations

Bangalore Development Authority Act, 1976

The Bangalore Development Authority (which is the
Planning Authority for the Bangalore Metropolitan Area)
is a body corporate having perpetual succession on a
common seal with power to acquire hold and dispose
property, enter into contracts and sue and be sued in its
own name. The objects of the Bangalore Development
Authority are to promote and secure the Development of
the Bangalore Metropolitan Area comprising the city of
Bangalore and other areas adjacent to it as the
Government may notify. For the purpose of development of
the Bangalore Metropolitan Area, the BDA has the power
to acquire, hold, manage and dispose of movable and
immovable property, to carryout building, engineering and
other operations and generally to do all things necessary
or expedient for the purpose of Development. The
Bangalore Development Authority has the authority to draw
up detailed development schemes. The Bangalore
Development Authority is also empowered to levy a tax on
lands or buildings or both situated within its
jurisdiction at the same rate at which the Corporation
levies taxes within its jurisdiction.

The Bangalore Development Authority came into existence

in 1976 as a successor to the erstwhile City Improvement
Trust Board (CITB). In the 1960s and 1970s, the erstwhile
City Improvement Trust Board (CITB) created several new
planned layouts including the Jayanagar layout, etc. The
CITB distributed about 64,656 sites between 1945 and
1976, and the BDA distributed about 63,062 sites between
1976 and 1988,1 and a total of 71, 483 by 1991. According
to official sources, the BDA, since its inception, it has
allotted about 107389 sites. The year-wise break-up is:

Year Sites Year Sites allotted

allotted
1976-77 12,270 1990-91 -
1977-78 10,764 1991-92 -
1978-79 4,050 1992-93 625
1979-80 450 1993-94 625
1981-82 - 1994-95 625
1982-83 703 1995-96 1,521

1 Comprehensive Development Plan (Revised) Bangalore – Report, Vol.

I and II, (Bangalore, 1995)
1983-84 2,000 1996-97 -
1984-85 1,403 1997-98 -
1985-86 5,836 1998-99 1,581
1986-87 1,834 1999-2000 1,350
1987-88 2,612 2000-01 8,000
1988-89 1,6485 2001-02 15,000
1989-90 4,655 2002-03 15,000

The delivery on the part of the BDA kept on waning until

the late 1980s coming to a near standstill between 1991
and 1999. In fact about 40,000 plots have been developed
by the BDA since 1991; however 80% of the plots have been
produced in the last 3 years. Though there is no official
data on the number of allotted plots that lie vacant a
conservative estimate would be about 15% including quite
a large percentage of the plots that have been allotted
in the past year or so lie vacant as well.

Presently the BDA has just completed development of the

Anjanapura layout and the Visheswaraiah layout and is in
the process of acquiring 3300 acres of land in 16
villages in Byatarayanpura Municipal Corporation for the
formation of the Arkavathy layout. It has further
notified the acquisition of 1522 acres for the formation
of Hi-Tech City and road between Sarjapur Road and Hosur
Road. The notified lands fall under the jurisdiction of
about 12 villages2.

The Karnataka Housing Board built 5506 houses in

Yelahanka, and 15,000 on the outskirts.3 The KHB has 4000
vacant houses and apartments across the State, mostly in
Kengeri and Yelahanka. Presently, the KHB is tying up

2 Real Estate Reporter, September 2003 edition.

3 Nair, The Reluctant Metropolis (forthcoming)
with HUDCO as a joint partner for a mssive housing and
sites project on 275 acres at Iglur – Banahalli on the
periphery of Bangalore.4 The Karnataka Slum Clearance
Board built a mere 2125 houses until 1989.5 Overall in
Karnataka, the KSCB, between 1975 and March 2002, has
constructed 28496 houses in Karnataka.6

Karnataka Industrial Areas Development Act, 1966

The Karnataka Industrial Areas development Board (KIADB) was set up under the
Karnataka Industrial Areas Development Act (KIAD ACT ) of 1966 for the speedy
development of Industry in Karnataka by acquiring land and forming industrial areas
complete with all infrastructure facilities like roads, water, power, communication etc.

KIADB acquires land and forms Industrial Areas with all infrastructure facilities
including roads, water and power. The Board also acquires land in favor of Single
Unit Complexes and public sector organizations. Since its inception, the KIADB has
acquired nearly 57,000 acres of land all over Karnataka. It has developed 93 industrial
areas over approximately 27,500 acres, while the remaining land has been given to
single unit complexes. Details of Industrial Areas 31.01.2003:7

Area Acquired Area Developed Allotted Vacant area

Area Units
29112.76 27547.25 16062.1 9444 6826.49
8

In Bangalore the KIADB has acquired about 8493 acres of which it has developed
about 8314 acres for the formation of 19 industrial areas. Of this about 6016 acres has
been allotted to 2684 industrial units.

4 Hindu, Bangalore edition dated 2nd December 2003

5 Nair, The Reluctant Metropolis (forthcoming)
6 KSCB Annual Report for the year 2001-2002
7 According to data from the KIADB office and its 2002 booklet
titled “Preparing the ground for Karnataka’s growth”.
Presently the KIADB is involved in the formation of Electronic City Phase III (113
acres), Export Oriented Industrial Zone (EOIZ)/EPIP I and II Phase (540 acres),
Devanahalli International Airport (about 4276 acres) and IT Corridor (overall 18,290
acres8 though till now about 700 acres have been notified). There is also information
that the KIADB is proposing a self-contained residential township near Electronic
City over 750 acres of land.

Bangalore Metropolitan Region Development Act

As the State Government felt that there is no proper
coordination among the local bodies likes the Bangalore
Development Authority, the Bangalore Water Supply and
Sewerage Board, the Karnataka Electricity Board, and the
Corporation etc. within the Bangalore Metropolitan Area.
It decided to set up the Bangalore Metropolitan Region
Development Authority under a separate legislation. The
Bangalore Metropolitan Region Development Authority is
set up for the purpose of Planning, coordinating and
supervising the proper and orderly development of the
area falling within the Bangalore Metropolitan Region.

Consequent of the setting up of the Bangalore

Metropolitan Region Development Authority all development
within the Bangalore Metropolitan Region is to be carried
out only with the expresses permission of the Bangalore
Metropolitan Region Development Authority. Further, even
the local authorities empowered to grand permission for
any development within the Bangalore Metropolitan Region
can do so only after the Bangalore Metropolitan Region
Development Authority grants permission for such
developments. The Bangalore Metropolitan Region

8 According to the report titled “IT Corridor Bangalore – Structure

Plan Final Report” prepared for and submitted to the Government of
Karnataka in January 2003 by Jurong Consultants (Singapore).
Development Authority is also empowered to carry out
Development plans and schemes formulated by it and
further, is also empowered to issue directions to the
Bangalore City Corporation, the Bangalore Development
Authority, the Bangalore Water Supply and Sewerage Board,
the Karnataka Electricity Board and the other bodies
connected with the development activities within the
Bangalore Metropolitan Region.

Land Law

Land Acquisition Act, 1894

The LAA was primarily used by the state to acquire land
for large development projects such as dams, mills etc.
The ability of the state to acquire land for such
projects arose from the doctrine of “Eminent Domain”. The
only restriction placed upon the acquisition process was
that the project for which the land was being acquired
should have been for some “public purpose”.

Karnataka Land Revenue Act, 1964

The main purpose of the Act is to create a comprehensive/
consolidated law on land and land revenue administration
in Karnataka.

Provisions under the Act cover the following areas

broadly the powers and functions of revenue officers-
divisional commissioners, deputy commissioners,
tahsildars etc., the procedures to be followed by revenue
officers- in enquiring into cases (quasi judicial
authority), functioning of the Revenue Appellate
Tribunal, use of land for public purposes, conversion of
land from agricultural land to use for other purposes,
collection of land revenue, revenue survey, grants of
land, Etc

More specific provisions of the Act deal with the

notifications regarding the creation of the Green Belt
avoid the haphazard growth of village limits and the
conversion of agricultural land for purposes other than
agriculture. However, section 95 (3B) clearly states that
no permission for conversion of agricultural lands lying
the Green Belt Area should be given for any other
purpose.

Core Problem:
The conflict that appears to emerge is between the bodies
of local self – governance and the statutory authorities,
and it revolves around the core issue relating to control
over land and it’s planning.

The Constitution has clearly laid down the norms and

procedures for facilitating the decentralization of
policy and decision making and the shift to local self –
governance bodies on various levels. These are in regard
to the powers, functions and responsibilities that need
to be devolved to increase the capacity of the bodies of
self-governance. Within this lies the process of
bolstering of capacities of the local self bodies to plan
the annual development of their regions.

At another level it was imperative that the State

analyzed the existing laws and legislations and brought
in the necessary amendments to make these laws in
consonance with the constitutional amendments.

One would imagine that such clear directives in the

Constitution provide an unambiguous account on the
intentions, procedure and scope of devolution of powers
to the local governance bodies. However, despite this the
State governments have played truant in the application
of these decentralization processes on the most important
fronts. The incomplete devolution of powers has resulted
in a rather murky situation where there is much ambiguity
regarding the mandate of the constitutionally endorsed
panchayats, municipalities and district / metropolitan
planning committees. Resultantly, on the planning front
it is seen that the State is still pursuing the policy of
envisaging and implementing projects in a centralized
manner with no participation of the local bodies of self-
governance. These projects include the International
Airport, Arkavathy Layout (BDA), Bangalore – Mysore
Infrastructure Corridor (BMIC), IT Corridor, etc. All
this, while the local bodies are even denied the power to
sanction simple housing projects or introduce any other
developmental projects.

This is a direct result of the apparent failure on the

part of the government of withholding devolution the
control over revenue land and its usage.

Further, the introduction of the 73rd and 74th amendments

bestowed certain powers on the local governance bodies
that were hitherto held by other para-statal authorities.
This sets the context for the conflicts arising out of
overlapping provisions in different Acts and their
statutory agencies, with specific regard to revenue land
control, regulation, usage, management and collection of
revenue. i.e. at the level of the authorities, a direct
conflict between the Panchayats / Municipalities and
various authorities such as the BDA, KIADB, BMRDA,
Revenue Department, etc, and at another level, the
conflicts and contradictions in overlapping provisions of
the Constitution and various Acts such as the Karnataka
Panchayati Raj Act, Karnataka Municipal Corporations Act,
Karnataka Municipalities Act, Land Acquisition Act,
Karnataka Industrial Areas Development Act, Karnataka
Land Revenue Act, Bangalore Metropolitan Regional
Development Authority Act, BDA Act, Karnataka Town and
Country Planning Act, etc.

As seen from above there is a direct conflict over the

authority placed with the necessary legal sanction to
plan for areas that fall in the jurisdiction of the
Panchayats and Municipalities. There are various
situations of conflict that emerge ranging from the
conflict between authorities placed with similar mandates
such as the BDA and the City Municipal Councils, to
conflicts between the authorities such as the KIADB and
the Panchayats / City Municipal Councils regarding their
mandate itself.

This throws up several rather critical issues pertaining

to the mandate, powers and functions of these committees
besides the crucial question as to who should prepare the
development plan of a Metropolitan area like Bangalore.
Do the panchayats and the municipalities have the
powers to evolve development plans affecting
revenue land-use change in their jurisdiction or
not?
Should the Metropolitan Planning Committee have
its own planning department or should the Town
Planning directorate help the Metropolitan
Planning Committee?
What should be the relationship between the
various statutory organizations such as the
Karnataka Industrial Areas Development Board,
Bangalore Development Authority, etc and the
Metropolitan Planning Committee?
Are the development plans initiated by the BDA /
KIADB in the areas coming under the jurisdiction
of the Panchayats / Municipalities
unconstitutional and infringing on the
jurisdiction rights of these local self-governance
bodies?
What are the powers of these organizations in
areas that fall within the jurisdiction of the
Metropolitan Planning Committee, that is, the
panchayats and the municipal councils?
Has the existence of the Bangalore Metropolitan
Regional Development Authority (BMRDA) that was
constituted for preparation of Regional
Development Plans become unnecessary after the
constitution of the Metropolitan Planning
Committee?
Same goes for the Bangalore Development Authority
and other such authorities.
These issues have to be resolved immediately conscious of
the constitutional necessity to maintain the autonomy of
the local bodies and their powers in decision making.
Therefore, the conceptual issues that emerge for being
resolved are:

1. Constitutional status of local government.

2. Relationship between local / state / central
government.
3. Local government as a democratic institution of self
government.

These issues have been raised from time to time and the
state government is very evident of the same. To quote
from the report of the Committee on Urban Management of
Bangalore City9; “The Constitutional Amendment envisages
that the municipalities may be endowed with “such powers
and authority as may be necessary to enable them to
function as institutions of self-Government and such law
may contain provision for devolution of powers and
responsibilities upon Municipalities.” The Constitution
has empowered the State Legislature to determine the
functions, resources and structure of the municipal
bodies. It must be pointed out that the conforming
legislation in Karnataka, as elsewhere, has remained
largely incomplete…As a result the objective of
decentralization envisaged in the Constitutional
Amendment are yet to be fulfilled.”

9 The Committee was set up under the chairmanship of Shri Ravindra,

the then Commissioner of Bangalore City Corporation, as per order
no. UDD 35 BMR 97, dated 11th April 1997. The report was submitted
to the state government in November 1997.