Land pooling
What the sanction directs, and what it does not
The sanction for Dholera Draft Town Planning Scheme No. 3 directs the Town Planning Officer to maintain an average fifty per cent deduction, with named exceptions. That is a deduction across a whole scheme, not an entitlement attached to any one plot, and no supplied document states the owner return as a percentage. The balance after the deduction is what gets reconstituted into the final plot.
The direction, quoted
Maintain average 50% deduction except gauchar land, water bodies, religious places, burial ground, kabrastan, crematorium and samshan.
Apex Authority (GIDB) Notification No. SIRAA/06/2013/439 dated 24-10-2013 sanctioning Dholera Draft Town Planning Scheme No. 3, SCHEDULE, item 5, notif_dtps3.pdf p.2, verbatim OFFICIAL
Average deduction across the scheme is 50 per cent. Gauchar (village grazing) land, water bodies, religious places, burial ground, kabrastan, crematorium and samshan are excepted from that deduction.
The supplied documents state the DEDUCTION, not the retention. The Apex Authority notification sanctioning Dholera Draft TP Scheme No. 3 directs the Town Planning Officer to 'Maintain average 50% deduction' with named exceptions. The balance left after that deduction is what is reconstituted into the owner's final plot. No supplied document uses the phrasing 'the owner gets back X%'; that number is stated only as its complement, the deduction.
| Field | Value |
|---|---|
| Deduction | 50per cent |
| Unit | per cent of land covered by the scheme |
| Basis | average across the scheme, not a per-plot guarantee |
| String as printed | Maintain average 50% deduction |
| Owner retention as stated | the balance after the deduction |
| Is the retention figure quoted | no, it is arithmetic performed by this atlas |
| Date of value | 24 October 2013 |
| Source | notif_dtps3.pdf p.2 |
| Classification | OFFICIAL |
Where the deduction comes from in the Act
The percentages enumerated in GTPUDA s.40(3)(jj)(a) sum to 40 (15 + 5 + 5 + 15); adding the 10 per cent reservation in s.40(3)(j) gives 50. This sum is arithmetic performed by us on the quoted figures, it is NOT a quote from the Act, and the Act does not state a combined 50 per cent ceiling in those terms.
Inputs: gtpuda.pdf p32, gtpuda.pdf p31. Derived by this atlas: yes. Both provisions are quoted in full on the land classes page and on the citation register.
How the Development Plan describes it
Under the Town Planning (TP) Schemes land is not acquired by the Government agency. It is reshaped, readjusted and returned to the original owner. Generally when a Town Planning Scheme is laid in an area, a certain per cent of land is deducted from original plot and utilised in providing common infrastructure and facilities like roads, gardens, play grounds etc. Land parcels retained by the authority are then used for 'public purposes'.
Final Development Plan - DSIRDA, Report - 1, Section 10.5 The Proposed Strategy for DSIR, dp_report1.pdf p.182, printed p.160, verbatim OFFICIAL
The principle for reconstitution of plots under TP Scheme is so designed, that final plot after mandatory deduction, is allocated as close to the original plot as possible. The Government is also considering exemption to betterment/development charges, for the final plots being allocated, will not be levied on the private owner.
Final Development Plan - DSIRDA, Report - 1, Section 10.5 The Proposed Strategy for DSIR, dp_report1.pdf p.182, printed p.160, verbatim OFFICIAL
Under this model, the development authority brings together a group of landowners for the purpose of planning and a Town Planning Scheme for the area is prepared, laying out the roads and plots for public and social amenities. The remaining land is reconstituted into final plots for the original owners, with the size of the final plot in proportion to the size of the original plot, and its location as close as possible to the original plot. Infrastructure costs are recovered by levying a betterment charge on the landowners based on the cost of the infrastructure.
Final Development Plan - DSIRDA, Report - 1, sanctioned by Apex Authority (GIDB) on 10 September 2012, Section 10.4.3 Town Planning Schemes, dp_report1.pdf p.181, printed p.159, verbatim OFFICIAL
The betterment-charge exemption is stated as under consideration, not as granted. Do not present it as a settled benefit.
The other fifty per cent, which is not the same thing
Two different fifty per cents appear in these documents and they measure different quantities. One is a share of land deducted under a scheme. The other is a ceiling on a money contribution, expressed as a share of the increase in the value of the land. Conflating them is the single most common error made about land pooling.
(i)(a) where the cost of the scheme does not exceed half the increment, the cost shall be met wholly by a contribution, and (b) where it exceeds half the increment, to the extent of half the increment it shall be met by a contribution and the excess shall be borne by the appropriate authority;
Gujarat Town Planning and Urban Development Act, 1976, Section 79(1) proviso (i) - Contribution towards costs of scheme, gtpuda.pdf p.47, printed p.40, verbatim OFFICIAL
The betterment contribution levied on an owner is capped at one half of the increment (the increase in market value attributable to the scheme). Cost above that cap falls on the appropriate authority.
Compensation is paid to land owner of the land taken away for roads and public facilities. At the same time, betterment charges known as incremental contribution are collected from each owner to the maximum of 50 percent of the estimated increase in the land value after plot reconstitution. The funds so generated are utilized for the development of infrastructure and common facilities within the scheme area.
Final Development Plan - DSIRDA, Report - 1, Section 10.4.3 Town Planning Schemes, dp_report1.pdf p.181, printed p.159, verbatim OFFICIAL
Cautions carried from the dataset
- 'Average 50% deduction' is an instruction to the Town Planning Officer for a whole scheme. It is not a per-plot entitlement and does not guarantee that any individual owner's final plot equals 50 per cent of their original plot.
- The 50 per cent in the DTPS-3 sanction Schedule (a LAND deduction) and the 50 per cent in GTPUDA s.79 and the DP report (a cap on the betterment CONTRIBUTION, expressed as a share of the increase in land VALUE) are two different things that happen to share a number. Never conflate them.
- The 'average 50% deduction' direction was read in the sanction notification for Draft TP Scheme No. 3 only. The supplied file set contains no equivalent direction for schemes 1, 2, 2/A, 4, 4/A, 5 or 6.
- The GTPUDA copy supplied (gtpuda.pdf) is a scan with a poor OCR text layer. All quoted statutory figures above were verified against rendered page images, not the OCR text.
These cautions are reproduced from the dataset itself rather than written for this page. They are the conditions under which the fifty per cent figure above may be repeated at all.