Lecture 31 : Introduction to Planning Legislation

IIT Roorkee July 2018

7 Sept 202147:41

EducationalLearning

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TLDRThis lecture introduces urban planning legislation, its scope, objectives, and significance. It covers rights and their characteristics, legal and fundamental rights like the right to property and for indigenous peoples. It examines the conflicts between rights and planning purposes through court cases. New interventions are discussed like the right-based approach to planning and attaining Sustainable Development Goals. Overall, effective legislation provides predictability and order in urban development while defining conditions for access to land, infrastructure, housing, services, planning, and improved livelihoods.

Takeaways

😀 Legislation provides the legal framework and enabling environment for urban planning
😎 Rights of citizens, including property rights, can sometimes conflict with urban planning goals
🤔 Court cases help resolve conflicts between rights and planning processes
🧐 Directive principles guide state policymaking aligned with welfare and common good
🤨 Fundamental rights enshrined in the constitution safeguard citizens from state infringement
😮 Right to livelihood was upheld by the Supreme Court as integral to right to life
🙂 Sustainable development goals align with a rights-based approach to urban planning
😀 Good quality urban law brings predictability, order and improved conditions
🤔 Indigenous people's rights to self-governance recognized constitutionally in India
😊 Citizens also have fundamental duties for the larger societal good

Q & A

What are the main topics covered in the introduction to urban planning course?
-The main topics covered are: planning legislations, rights and their characteristics, legal rights, fundamental rights, right to property, rights of indigenous people, duties of citizens, conflicts through court cases, right based planning approach, and significance of legislation.
What is the purpose of legislation in urban planning?
-The purpose is to provide a legal framework for urban planning entities to exercise power and execute responsibilities while protecting the rights of people and making them contribute towards their duties as citizens.
What are some key characteristics of rights?
-Some key characteristics are: social recognition, not absolute, correlated with duties, equal applicability, tendency to evolve over time.
How are legal rights different from fundamental rights?
-Legal rights can be enforced in a court of law if violated. Fundamental rights are enshrined in the constitution and are superior, with additional protections.
What are some examples of conflicts between rights and urban planning?
-Examples include land use zoning restricting property development rights, infrastructure projects requiring land acquisition and affecting ownership rights, conservation projects restricting building use rights during implementation.
What was the Olga Tellis case about?
-It challenged the eviction of pavement dwellers in Mumbai by the municipal corporation as violating their fundamental rights to life and livelihood.
What are some fundamental duties of Indian citizens?
-Some duties are: safeguard public property, develop scientific temper, humanism and spirit of inquiry, protect monuments, protect environment, renounce practices derogatory to women.
How can a right-based approach help in attaining SDGs?
-It can have a profound impact on realizing human rights and sustainable settlements as SDGs are aligned with human rights obligations of states.
Why is effective legislation important for sustainable urban development?
-It provides predictability, order and conditions for access to land, housing, services as well as for planning and improved living.
What are some ways students can further explore this topic?
-Some ways are: read suggested references, watch relevant movies, share experiences and suggestions, ask questions for clarification.

Outlines

00:00

📜 Introduction to urban planning legislation

The speaker introduces the topic of urban planning legislation. Key points covered include - scope, objectives, rights, duties of citizens, conflicts through case studies, new interventions like right-based planning, and significance of legislation.

05:01

⛔️ Potential conflicts between urban planning and citizens' rights

The speaker raises important questions around potential conflicts between urban plans/tools and citizens' rights. Tools like zoning regulations may restrict property rights. Questions around procedures and rights violations are highlighted.

10:03

📜 Principles and objectives behind legislation

The speaker explains key principles and objectives of legislation - to facilitate planning implementation in a coordinated way, ensure consistency, and promote achievement of development goals. Enablers like laws and policies are discussed.

15:05

✅ Constitutional basis and state directives for legislation

The constitutional basis of legislation is explained - 73rd and 74th Amendments, state acts, and Directive Principles of State Policy. The role of directives in governance and their relation to fundamental rights is discussed.

20:07

👥 Understanding rights and their characteristics

The nature and key characteristics of rights are discussed - social recognition, dynamic, correlated with duties, legal enforcement. Difference between legal rights, fundamental rights and their basis is explained.

25:08

🏘 Right to property and potential conflicts

Right to property as an important civil right and its status in India is discussed. It is identified as a key source of conflict with urban planning actions like land acquisition.

30:08

🗺 Case study: Pavement dwellers' eviction in Bombay

A court case is analyzed involving eviction of pavement dwellers in Bombay under the Corporation Act. Arguments around violation of fundamental rights and life/livelihood are assessed.

35:09

🏙 Another case: Grand Central Terminal landmarking, New York

Another conflict case is discussed - landmark preservation law prohibiting construction over New York's Grand Central Terminal. Property rights versus public purpose issues are highlighted.

40:10

♻️ New interventions: Rights-based legislation and SDGs

New directions are explained - rights-based approaches to legislation, planning tools like PLAF, importance of rights for Sustainable Development Goals. Moves towards greater human rights focus are discussed.

45:12

✅ Significance of legislation for sustainable urban development

The indispensable role of legislation is highlighted in context of unprecedented urban growth and need for order, clarity and governance around development.

Mindmap

Keywords

💡Legislation

Legislation refers to the laws, rules, and regulations that provide the legal framework for urban planning activities. It empowers planning authorities and defines procedures while also protecting citizens' rights. The video discusses various legislation like the 73rd and 74th Constitutional Amendments in India that enabled decentralization and local governance.

💡Rights

Rights are the basic claims and privileges guaranteed to citizens under the legal system. The video analyzes different categories of rights like legal rights, fundamental rights, right to property etc. It also examines potential conflicts between urban plans and infringement of people's rights.

💡Duties

Along with rights, citizens also have certain fundamental duties defined under the Indian constitution. These ethical and moral duties act as a code of conduct for model citizenship. The video states that amidst rights and planning objectives, citizen duties also have to be considered.

💡Court cases

The video discusses a few court cases that demonstrate conflicts between urban planning actions, legislation, and infringement of fundamental rights. For example, the Olga Tellis case showed how slum evictions in Mumbai violated right to livelihood.

💡Constitution

A constitution like that of India safeguards fundamental rights, provides directive principles of state policy, and shapes center-state relations and governance systems. Constitutional provisions like the 74th Amendment delegated more powers to urban local bodies.

💡Property rights

The right to acquire, use, and dispose property without restrictions is an important civil right. However, urban plans often restrict land use, FSI limits etc. thereby curtailing property rights to some extent. Cases like the Penn Central Transportation case examine this conflict.

💡Land acquisition

Acquiring private land for public infrastructure projects involves taking control over properties and restricting owners' rights. Laws like the Right to Fair Compensation and Transparency in Land Acquisition Act balance public interest with protection of rights.

💡Sustainable Development Goals

The UN Sustainable Development Goals aim for sustainable and inclusive human settlements globally. The video states that a rights-based approach to urban laws and planning is imperative for realizing the SDG 2030 agenda.

💡Urban legislation

Urban legislation provides the legal basis for planning, infrastructure, housing, public services etc. in cities. The video emphasizes that effective laws bring order, predictability and balance different interests during urban development.

💡Fundamental rights

Fundamental rights like right to equality, freedom of expression etc. are enshrined in the Indian constitution. They are inviolable and justiciable, meaning any infringement can be legally prosecuted. Hence urban plans have to respect these rights.

Highlights

We will look into legislation, its scope and objectives. We will try to understand rights, its characteristics, legal rights, fundamental rights.

Rights are the claims of an individual, but not every claim can be a right. It is required that a claim should be like a disinterested desire.

A right is a claim recognized by society, and enforced by the state.

No right in a state is absolute and no individual can lay claim to any right in the absolute sense.

Rights and duties are correlated and can never be separated.

Legal rights may be further classified into civil rights & political rights.

Right to property is not a fundamental right but a constitutional right under Article 300A of the constitution.

Right to life has a much wider scope. It doesn't only mean that life cannot be threatened except by a procedure established by law.

Landmark designation restricts the rights of property owners. Owners cannot change landmarks without prior government approval.

A right-based approach to legislation is said to be imperative if post 2015 goals of sustainable human settlements are to be realized.

Over 90% of SDG goals & targets correspond to human rights obligations.

Urban legislation defines conditions for access to land, infrastructure, housing, basic services, planning, decision making, livelihoods.

Effective urban legislation provides predictability & order in urban development across spatial, social, economic & environmental dimensions.

As urban population grows, effective policy & legal frameworks are indispensable pillars of sustainable development, reducing inequality.

Good quality urban law provides clarity amidst rights, duties, and public purpose to facilitate coordinated, equitable urban planning.

Transcripts

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