Introductory

URP 4171
Legal Basis of Planning

INTRODUCTORY
Presented by:
Kaniz Fatema
Lecturer
Department of Urban and Regional Planning
Khulna University of Engineering & Technology (KUET)
Syllabus
 Legal aspects of planning and its importance. Enabling legislation process.
 The Development Plan (structure and local) process and need for legislation.
 The meaning of development control including planning permission, development orders, purchase
notice, the enforcement of planning controls, special forms of control.
 New town development laws. Land acquisition and compensation rules and regulations,
Compensation and betterment problems with reference to Bangladesh. Urban renewal practice.
 Planning laws in Bangladesh: Pourashava Ordinance, Town Improvement Act, East Bengal Building
Construction Act- Building Construction Rules, Building Regulations of RAJUK, BNBC, Private
residential land development rules- Real Estate Development and Management Act, 2010, Private
Housing Project Land Development Rule, 2004, Mega city, Divisional Town and District Town’s
municipal areas including country’s all the municipal areas’ playground, open space, park and natural
water reservoir Conservation Act, 2000.
 Planning laws in different countries.

Legal Aspects of Planning
 Planning law or legal aspects of planning means the
contemporary laws directly or indirectly involved with the
physical development activities in urban or rural areas.
 Those laws have been prepared and notified as Acts,
Ordinances, Gazette Notifications by the government, Rules or
Regulations, Orders, Procurements etc.
 Once it framed and notified, from then, they enforced by the
prescribed authority or authorities.
Legal Aspects of Planning
 In view of the Building Construction Act, 1953, legal aspects are the regulations
prescribed by the government for citizen for better use of land and building and
preserve better environment for living.
 According to the Pourashava Ordinance, 1977, legal aspects can be defined as
planned urban area with better accessibility, healthy urban environment and fair
judgment on the construction of buildings for urban dwellers.
 Legal Aspects of planning may be the rights of landowners to get compensation
or fair judgment of their moveable and immovable property acquired by the
government (Acquisition and Requisition of Immovable Property Ordinance,
1982).
 Legal Aspects is that type of law which prohibit the landowners to be the giant
landlord in the country (Land Reform Ordinance, 1983)
Importance
 Regulations prescribed by the government for citizens for better use of
land & building and preserve better environment for living.
 Planned urban area with better accessibility, healthy urban environment
and fair judgment on the construction of buildings for urban dwellers.
 Preserve the right of urban dwellers, their duties and responsibilities on
living environment.
 Preserve the rights of landowners to get compensation or fair judgment
of their movable and immovable property acquired.

Importance
 Cities without planning laws are governed by a combination of an unbridled
market, cultural traditions, and brute power. These cities are unable to deal
with an insufficient public infrastructure, the absence of public open space,
and poor environmental quality.
 Without planning laws, there is no mechanism that can mitigate “negative
externalities” such as such as noise, obstruction of sunlight, parking needs, and
unaesthetic construction.
 In general, an urban area without legal aspects of planning is host to extreme
discrepancies in quality of life.
Legislative Procedure
Draft Parliament is not in
session, yet law needs
to be passed due to
Parliament an emergency
Bill Passed by the President
Passed by the parliament + Ordinance

President gives his assent
Executive body
Act Rules
Major Act
 The laws which are not executed by any public authority and the
authority is not established according to the guideline of any statute.
 Cover all basic rights of human.
 Nature & control of human behavior, control on life style, process of
business and employment, contract and treaties etc. are the components
of Major Acts.
 According to the subjective nature of the regulations the contemporary
laws of the country is classified as the Muslim law, Hindu law, Criminal
law, Civil law, International law, Contact and Tort, Constitutional law,
Industrial law etc. These laws are known as the Major Acts of the country
which is a macro concept.
Major Act
 Absence of enforcement authority to execute them.
 Court is the first and last platform to produce a better decision when
dispute arises.
 For efficient execution of Major Acts a group of Minor Acts performs role
as supporting tools.
 People follow the Major Acts according to their necessities.
 Question of amendment is not necessary for those laws.
Minor Act
 The laws which have been established and promulgated by the
Government through his own power or parliament to control any
particular problem such as Act, Ordinance, Rule, Order, Notification
etc.
 Presence of particular authority (for enforcement) for every Minor Act.
 Establishment of Acts follow a systematic way and finalized by the
Parliament.
 Origin of the Acts follows the necessity and demand of society.
 Always originates on a particular issue of the society.
Minor Act
 It may be amended several times according to the views of society.
 A budgetary allocation is necessary for the enforcement authority to
execute Minor Acts.
 Government directly supervises the authorities.
 In case of dispute arises the enforcement authority preserves the
sole right to solve that.
 Again both the parties can frame a court case against the disputes.
Difference between Major
Acts and Minor Acts ?
Formation of Minor Acts
Political Commitment makes a proposal to the Law Commission
Law Commission prepare draft including reasons and send it to the Law
Ministry
After approval, Law Ministry sends it to the Parliament for approval
After approval, Parliament Secretariat sends it to the Press for Gazette

Notification
Demand of the local people considered by the Law Ministry through local
government institution
Law Ministry makes a survey on the necessity through experts
Law Commission prepares the draft & sends it to the Law Ministry for
approval
After approval, Law Ministry sends it to the Government Press for Gazette
Notification
Problems of Minor Act
 Internal Causes  External Causes
 Administrative  Ignorance/ Illiteracy
 Financial  Lack of norms
 Decision making
 Co-ordination among authorities
 Re-appearance of the same
regulation
Planning Regulations of Bangladesh
Planning regulations of Bangladesh have been started from the colonial period. Primary aim
of those regulations were followed two basic dimensions that is tax/revenue collection and
more public involvement in the administration.
 Definite period with day, month and year, promulgated by the President or parliament.
 Constituted or formed on specific national problems for effective control of the
development, planning and management for the betterment of society.
 Specific public authority including an authorized person enforces every statute, all of
them concealed in legal enclosure. The process is supported and approved by
government.
 Perceived specific statements and objectives identified as background understanding of
the statutes.
 For any dispute the statutes have legal entity to furnish any judgment on the court
cases. At best ruling of the judges could be affixed with the prescribed regulations.
 Statutes and enactments (Minor Acts) are self-dictated but not self-enforced as the
Major Acts. Sometimes enforcement authority gives explanation where necessary.
 Minor Acts always be changed (through amendment) according to the necessity of
society.
 To remove the drawbacks of the regulations and enforcement problems Minor Acts may
be amended several times.
Thank You…

Introductory

Uploaded by

Copyright:

Available Formats

Introductory

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Introductory

Uploaded by

Copyright:

Available Formats

URP 4171

Legal Basis of Planning

notice, the enforcement of planning controls, special forms of control.

water reservoir Conservation Act, 2000.

 Planning laws in different countries.

land & building and preserve better environment for living.

 Planned urban area with better accessibility, healthy urban environment

and fair judgment on the construction of buildings for urban dwellers.

 Preserve the right of urban dwellers, their duties and responsibilities on

 Preserve the rights of landowners to get compensation or fair judgment

of their movable and immovable property acquired.

Bill Passed by the President

Passed by the parliament + Ordinance

After approval, Law Ministry sends it to the Parliament for approval

After approval, Parliament Secretariat sends it to the Press for Gazette

Law Ministry makes a survey on the necessity through experts

 Internal Causes  External Causes

 Administrative  Ignorance/ Illiteracy

 Financial  Lack of norms

 Co-ordination among authorities

 Re-appearance of the same

You might also like

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.