·The Hindu·15 marks·250–350 words

Discuss how land-use planning in Indian metropolitan cities can balance revenue needs against citizens' right to open spaces and shelter.

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In this answer
  1. Revenue logic: why cities monetise land
  2. Costs to open spaces and shelter
  3. Balancing mechanisms

The Twelfth Schedule, added by the 74th Amendment, makes urban planning and regulation of land-use municipal functions [1]. Cash-strapped metros now treat land as a revenue source, which puts parks and affordable shelter at risk. Planning can balance the two if land is held as a public trust and not only as an asset.

Revenue logic: why cities monetise land

  • Land as a resource: Maharashtra's 2004 resolution funds Dharavi's rehabilitation by letting developers sell incentive FSI (extra floor area) on the open market [2].
  • Shelter without budget outlay: eligible residents get free 350 sq ft flats [3]. Private capital pays for what the state cannot.
  • Premiums on FSI and Transferable Development Rights (TDR) add to municipal income that is otherwise weak.

Costs to open spaces and shelter

  • Commons diverted: the Supreme Court refused to let Worli land, leased in 1927 to house the poor, go to a mill company. It called commercial exploitation of such land an "affront" to the law's purpose [5].
  • Shelter gap persists: the urban housing shortage is about 18.78 million homes, 95% of it among low-income households. Around 6.2 million people live in Mumbai's slums [4].
  • Crowding harms health: WHO recommends policies to reduce household crowding [6].
  • Rights dimension: Olga Tellis (1985) read the right to livelihood into Article 21. Evictions must follow a fair procedure [7].

Balancing mechanisms

  • Public trust test: M.C. Mehta v. Kamal Nath holds that the State keeps natural resources in trust for the public [8]. Apply the same test before changing a plot's reservation from park or playground.
  • Transparency: publish proposed zoning and reservation changes and invite ward-level objections, as the spirit of the 74th Amendment intends [1].
  • Phased obligations: issue occupancy certificates for saleable towers only after promised parks, schools and rehab units are delivered.
  • Ring-fenced value capture: earmark FSI and TDR premiums for affordable housing and for acquiring open space.
  • In-situ upgrading where it is cheaper and keeps livelihoods in place [4].
  • Outcome metrics: track living space and open space per person, not the number of towers [6].

Land can pay for the city without consuming its commons. With transparent rules, ring-fenced revenue and the public trust principle, metros can raise revenue while protecting the Article 21 guarantee of shelter and SDG 11's goal of inclusive, green cities.

Sources

  1. 1Ministry of Housing and Urban Affairs: The Constitution (Seventy-Fourth Amendment) Act, 1992: Twelfth Schedule functions (urban planning, land-use regulation)
  2. 2Dharavi Redevelopment Project, Govt. of Maharashtra: About the Project (GR of 4 Feb 2004): land as a resource, incentive FSI for open-market sale
  3. 3Dharavi Redevelopment Project: Entitlement: free 350 sq ft flats for eligible residents
  4. 4ORF: India's Enduring Urban Housing Shortage: The Case for Upgrading Informal Settlements: 18.78 million shortage, Mumbai slum population, case for in-situ upgrading
  5. 5Supreme Court of India: Municipal Corporation of Greater Mumbai v. Century Textiles and Industries Ltd. (7 Jan 2025): Worli land under the poorer-classes housing scheme
  6. 6WHO Housing and Health Guidelines (2018): recommendation to reduce household crowding
  7. 7Supreme Court of India: Olga Tellis v. Bombay Municipal Corporation (1985): right to livelihood under Article 21, fair eviction procedure
  8. 8Supreme Court of India: M.C. Mehta v. Kamal Nath (1997) 1 SCC 388: public trust doctrine

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