PART 1 - National Institute of Urban Affairs
PART 1 - National Institute of Urban Affairs
PART 1 - National Institute of Urban Affairs
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-------------------------------------------------------------------------------------------------------------------------<br />
Vol. XXIX July – Dec 2009<br />
No. 2<br />
-------------------------------------------------------------------------------------------------------------------------<br />
Establishing a Title Registration System in India:<br />
Problems and prospects<br />
Economics <strong>of</strong> Resettling Low-income settlements (slums) in urban areas:<br />
A case for on-site upgrading<br />
Fiscal Performance <strong>of</strong> Civic Bodies: The Greater Mumbai Perspective<br />
Security <strong>of</strong> Tenure <strong>of</strong> <strong>Urban</strong> Poor Settlements: Trends and Experiences<br />
Property Tax Reforms<br />
Some facets <strong>of</strong> Migration to the districts <strong>of</strong> Maharashtra<br />
Project Notes :<br />
FIRE (D) e-Governance in Municipalities<br />
Case Study:<br />
Bhoj wetlands management and conservation<br />
CEPT Workshop Report on Approaches to lands for the urban Poor, India<br />
Book Review:<br />
<strong>Urban</strong> Economic Base <strong>of</strong> <strong>National</strong> Capital Region <strong>of</strong> India by Dr. Barun kumar<br />
Governing India's Metropolises by Joel Ruet et.al.<br />
A Journal <strong>of</strong> the<br />
<strong>National</strong> <strong>Institute</strong> <strong>of</strong> <strong>Urban</strong> <strong>Affairs</strong><br />
India Habitat Centre<br />
New Delhi<br />
COVER
<strong>Urban</strong> India<br />
Journal <strong>of</strong> the <strong>National</strong> <strong>Institute</strong> <strong>of</strong> <strong>Urban</strong> <strong>Affairs</strong><br />
Editorial Advisory Board<br />
Ashish Bose (Chairman) Chetan Vaidya Sayed S. Shafi Amitabh Kundu<br />
Editor<br />
Anil Rai<br />
Assistant Editor<br />
Basudha Chattopadhyay<br />
Nalini Shangloo<br />
Secretarial Assistance<br />
Nand Lal Jaiswal<br />
Guidelines for Manuscript Submission<br />
Manuscripts should be submitted/sent in duplicate to NIUA. Alternatively, they should be<br />
mailed to the Editorial team at NIUA. The length <strong>of</strong> the text should not exceed 6,000 - 8,000<br />
words including tables and references. An abstract <strong>of</strong> 100–150 words must be given.<br />
Illustrations, Maps and Graphs should be submitted on separate sheets. Material submitted<br />
to the Journal should not be published/under review for publication elsewhere; a declaration<br />
to this effect should accompany the manuscript. On acceptance <strong>of</strong> the manuscript for<br />
publication in the Journal, the author is required to submit the material in s<strong>of</strong>t copy either by<br />
mail or on Compact Disk in MS Word format. Any complex Tables and Graphs must be<br />
submitted separately in Excel.<br />
References should follow the author-date system within the text, e.g. ( Chester 1951). The<br />
style <strong>of</strong> referencing in the bibliography should be as follows:<br />
Dutta, Abhijit and Bappaditya Chakravarty (1981) Organising Metropolitan<br />
Development, New Delhi: Indian <strong>Institute</strong> <strong>of</strong> Public Administration.<br />
Krishnan, G (1993) The Slowing Down <strong>of</strong> Indian <strong>Urban</strong>isation, Geography,<br />
78(1):80–84.<br />
Please ensure that References are accurate with respect to author’s name, volume, issue<br />
number <strong>of</strong> the Journal, page numbers, date and place <strong>of</strong> publication and the name <strong>of</strong> the<br />
publisher.<br />
Authors should send a brief resume indicating institutional affiliation, title <strong>of</strong> position,<br />
address, phone/fax number and email address.<br />
All editorial correspondence and subscription enquiries should be addressed to the Editor,<br />
<strong>Urban</strong> India.<br />
st<br />
<strong>National</strong> <strong>Institute</strong> <strong>of</strong> <strong>Urban</strong> <strong>Affairs</strong>, 1 Floor, Core 4B, India Habitat Centre,<br />
Lodhi Road, New Delhi 110 003<br />
Phone: 24617543, Fax 011-24617513, Email: urbanindia@niua.org<br />
ISSN - 0970-9045<br />
FRONT INSIDE
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Vol. XXIX July – December 2009<br />
No. 2<br />
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Establishing a Title Registration System in India:<br />
Problems and prospects<br />
Dr Debolina Kundu<br />
1<br />
Economics <strong>of</strong> Resettling Low-income settlements (slums) in urban areas:<br />
A case for on-site upgrading<br />
Dr Renu Khosla<br />
Fiscal Performance <strong>of</strong> Civic Bodies: The Greater Mumbai Perspective<br />
Anita Rath<br />
Security <strong>of</strong> Tenure <strong>of</strong> <strong>Urban</strong> Poor Settlements: Trends and Experiences<br />
Natraj Kranthi and Dr Kavita Daryani Rao<br />
Property Tax Reforms<br />
Dr Gnaneshwar<br />
Some Facets <strong>of</strong> Migration to the districts <strong>of</strong> Maharashtra<br />
Dr Dipti Mukherji and Dr V.S. Phadke<br />
FIRE Project Note : e-Governance in Municipalities<br />
Case Study: Bhoj wetlands management and conservation<br />
Aniruddhe Mukherjee<br />
CEPT Workshop Report on Approaches to lands for the urban Poor, India<br />
Dr Darshini Mahadevia Rutul Joshi and Rutool Sharma<br />
22<br />
50<br />
70<br />
85<br />
120<br />
138<br />
150<br />
176<br />
Book Review:<br />
Economic Development <strong>of</strong> NCR by Dr Barun kumar<br />
Dr Rumi Aijaz<br />
Governing India's Metropolises by Joel Ruet et.al<br />
Chetan Vaidya & Poornima Singh<br />
206<br />
208<br />
Contents <strong>of</strong> Previous Volume XXIX, No 1, Jan - June 2009<br />
A Journal <strong>of</strong> the<br />
<strong>National</strong> <strong>Institute</strong> <strong>of</strong> <strong>Urban</strong> <strong>Affairs</strong><br />
India Habitat Centre<br />
New Delhi<br />
A
Our Contributors<br />
Dr. Debolina Kundu<br />
Associate Pr<strong>of</strong>essor, <strong>National</strong> <strong>Institute</strong> <strong>of</strong> <strong>Urban</strong> <strong>Affairs</strong> (NIUA), New Delhi<br />
Dr. Renu Khosla<br />
Director, Centre for <strong>Urban</strong> and Regional Excellence (CURE), New Delhi<br />
Anita Rath<br />
Assistant Pr<strong>of</strong>essor, Centre for development Studies, Tata <strong>Institute</strong> <strong>of</strong> Social<br />
Sciences, Mumbai<br />
Natraj Kranthi<br />
Doctoral Research Scholar, Jawaharlal Nehru Architecture & fine Arts<br />
University, Masab Tank, Hyderabad<br />
Kavita Daryani Rao<br />
Director <strong>of</strong> Evaluation i/c, Jawaharlal Nehru Architecture & fine Arts<br />
University, Masab Tank, Hyderabad<br />
Dr. V.Gnaneshwar<br />
Regional Centre for <strong>Urban</strong> and Environmental Studies, Hyderabad<br />
Dr. Dipti Mukherji<br />
Reader, Department <strong>of</strong> Geography, University <strong>of</strong> Mumbai<br />
Dr. V.S. Phadke<br />
Retired Pr<strong>of</strong>essor, Department <strong>of</strong> Geography, University <strong>of</strong> Mumbai<br />
Hitesh Vaidya<br />
Sr. Municipal Development Specialist <strong>of</strong> FIRE (D)<br />
Stephen Matzie<br />
Planner and Finance Specialist <strong>of</strong> FIRE (D)<br />
Aniruddhe Mukherjee<br />
Secretary, Transport, Government <strong>of</strong> Madhya Pradesh, Bhopal (M.P.)<br />
Darshini Mahadevia<br />
<strong>Urban</strong> Poverty Alleviation (UPA) Cell coordinator, CEPT University<br />
Rutul Joshi<br />
UPA Cell and Faculty member at the Faculty <strong>of</strong> Planning and Public Policy,<br />
CEPT University<br />
B
Rutool Sharma<br />
UPA Cell and Faculty member at the Faculty <strong>of</strong> Planning and Public Policy,<br />
CEPT University<br />
Dr. Rumi Aijaz<br />
Fellow, Observer Research Foundation, New Delhi<br />
Pr<strong>of</strong>. Chetan Vaidya<br />
Director, <strong>National</strong> <strong>Institute</strong> <strong>of</strong> <strong>Urban</strong> <strong>Affairs</strong> (NIUA), New Delhi<br />
Poornima Singh<br />
Research Associate, NIUA, New Delhi<br />
B
Editorial<br />
The extraordinary growth <strong>of</strong> cities in India is coming at a steep price. Not only has<br />
overcrowding become endemic in many cities, it has resulted in shortage <strong>of</strong> urban<br />
land, lack <strong>of</strong> access to adequate housing and services, as well as, rise in urban<br />
poverty, closely associated with unemployment. These are becoming an increasing<br />
social problem. The present issue <strong>of</strong> <strong>Urban</strong> India brings together research papers,<br />
project and case study notes, workshop report, and book reviews, on a gamut <strong>of</strong><br />
significant urban issues, requiring urgent policy attention <strong>of</strong> urban planners and<br />
practitioners alike. We expect readers shall find this issue <strong>of</strong> our bi-annual journal,<br />
useful in generating a wider discussion and debate, on some <strong>of</strong> the most pressing<br />
issues confronting the urban sector today.<br />
Efficient functioning <strong>of</strong> land markets require efficient and updated land registration<br />
systems which clearly indicate legal ownership <strong>of</strong> land. A robust system <strong>of</strong> land<br />
record management and land rights in India is conspicuous by its absence, is argued<br />
by Dr Debolina Kundu in a seminal paper “Establishing A Title Registration<br />
System In India : Problems And Prospects”. The paper seeks to identify the need for<br />
introduction <strong>of</strong> this reform, trace its genesis and outlines a roadmap for<br />
implementation, based on best practices, from national and international<br />
experiences. The paper further argues that a sound system <strong>of</strong> land records<br />
management and efficient use <strong>of</strong> Information Technology is the key to successful<br />
introduction <strong>of</strong> an appropriate property title certification system in the country.<br />
Slums and low-income settlements in India have expanded greatly, and particularly<br />
in the last two decades. The initiatives taken by the government, in relation to this<br />
issue, have evolved from superficial actions and measures aimed at minimizing<br />
infrastructure deficiencies, to broader initiatives seeking to consolidate newly<br />
upgraded slum areas as part <strong>of</strong> the city. Based on a cost-benefit comparison <strong>of</strong><br />
slum resettlement in Delhi and in-situ slum upgradation in Mumbai, Dr Renu<br />
Khosla's paper “Economics <strong>of</strong> Resettling Low-income Settlements (Slums) in<br />
<strong>Urban</strong> Areas: A Case for On-site Upgrading” argues that city policies aimed at<br />
slum resettlement have had adverse long term economic impact; disempowerment<br />
<strong>of</strong> working women; child education and health; tenurial security; and sustainable<br />
urban poverty reduction. The paper advocates that in-situ upgradation should be<br />
the preferred option and a 'win-win solution' for slum development, and goes on to<br />
suggest that relocation must be conditional only in essential cases.<br />
C
th<br />
While the 74 Constitutional Amendment Act has widened the functional domain<br />
<strong>of</strong> civic bodies, the fiscal divide <strong>of</strong> cities, wherein some rely heavily on intergovernmental<br />
transfers while others enjoy comfortable fiscal position, is quite<br />
conspicuous. Reviewing the fiscal performance <strong>of</strong> the Municipal Corporation <strong>of</strong><br />
Greater Mumbai (MCGM) the paper highlights that though MCGM relies on its<br />
own sources <strong>of</strong> revenue, the fiscal surplus in its accounts is illusory as it has access<br />
to forbidden source <strong>of</strong> revenue the octroi - and there is perpetual negligence <strong>of</strong><br />
capital expenditure. The paper underscores key issues related to the finances <strong>of</strong><br />
MCGM<br />
Security <strong>of</strong> tenure for urban poor continues to be a vexed issue. Experts advocate<br />
that tenurial security, together with an enabling role <strong>of</strong> the government with<br />
reference to provision <strong>of</strong> housing finance, would go a long way in mitigating the<br />
housing problem in cities and assist urban poor, over time, to gradually improve<br />
their housing and living conditions. In this context, a scholastic attempt to<br />
understand international and national experiences relating to tenure security <strong>of</strong><br />
urban poor settlements is made in the paper “Security Of Tenure Of <strong>Urban</strong> Poor<br />
Settlements: Trends And Experiences” by Natraj Kranthi and Kavita Daryani Rao.<br />
Presenting a critical review <strong>of</strong> nine international cases the paper identifies the best<br />
practices and summarizes them into four broad categories which include (i) Tenure<br />
security against eviction by force, (ii) Incremental and flexible approaches, (iii)<br />
Collaborative and participatory approaches, and (iv) Regularization <strong>of</strong> tenure.<br />
Property tax constitutes the single largest source <strong>of</strong> revenue to the urban local<br />
bodies in India and it can provide ULBs with access to a broad and expanding tax<br />
base. However V Gnaneshwar in the paper “Property Tax Reforms in India” argues<br />
that the yield from property tax is not encouraging due to reasons like inelastic tax<br />
base, defective assessment and rent control legislation. Unscientific method <strong>of</strong><br />
assessment, lack <strong>of</strong> transparency, non-assessment or underassessment <strong>of</strong> certain<br />
properties, lack <strong>of</strong> proper property recording, <strong>of</strong>ficial discretion and tax payer<strong>of</strong>ficial<br />
collision-all lead to revenue loss to the ULBs. Several reforms are<br />
underway in the property tax assessment in the country. This paper examines<br />
reforms initiated and underway in the property tax assessment and identifies<br />
emerging patterns and their inadequacies in the Indian context.<br />
In their paper “Some Facets <strong>of</strong> Migration to Districts <strong>of</strong> Maharashtra” Dr.Dipti<br />
Mukherji and Dr. V. S. Phadke, while bringing out the spatial patterns related to<br />
D
migration, observe that the process leads to growth <strong>of</strong> destination areas, and<br />
depopulation <strong>of</strong> sending areas. On the basis <strong>of</strong> Census 2001 data on migration at<br />
the district level in Maharashtra, it is observed that the sources <strong>of</strong> migrant<br />
population display a significant spatial variation, with local migrants<br />
predominating in less economically developed areas. It is argued that as the source<br />
<strong>of</strong> migrants becomes more and more distant, the districts under their shadow<br />
significantly increases.<br />
Municipal e-Governance is a significant initiative in India and constitutes a<br />
mandatory reform under the flagship Jawarharlal Nehru <strong>National</strong> <strong>Urban</strong> Renewal<br />
Mission (JNNURM) <strong>of</strong> the Government <strong>of</strong> India. Not only does municipal e-<br />
Governance combine good governance reforms with new information and<br />
technologies (ICT), it also benefits citizens and government employees alike, by<br />
enhancing management processes, service delivery, and public interface in order to<br />
provide more efficient, convenient and transparent services. We are glad to publish,<br />
for the benefit <strong>of</strong> our readers, a Project Note : “e-Governance in Municipalities”<br />
dealing with lessons <strong>of</strong> experience for successful implementation <strong>of</strong> these critical<br />
reforms in selected cities. The Project Note has been prepared by Hitesh Vaidya<br />
and Stephen Matzie. .<br />
Improving water quality and increasing storage capacity <strong>of</strong> the Upper and Lower<br />
Lakes <strong>of</strong> Bhopal city, comprised the basic objectives <strong>of</strong> the Bhoj Wetlands project<br />
in Bhopal. In our case studies section, we present a Note “Conservation and<br />
management <strong>of</strong> Bhoj wetlands, India” which has been prepared by Aniruddhe<br />
Mukherjee. This case study Note discusses the administrative, social and legal<br />
issues, faced while implementing the various conservation measures, and draws<br />
appropriate lessons <strong>of</strong> experience.<br />
The need for multiple approaches to increasing land supply for the urban poor in<br />
Indian cities is the main conclusion <strong>of</strong> the Workshop on “Approaches to Lands for<br />
the <strong>Urban</strong> Poor” held by the Ministry <strong>of</strong> Housing and <strong>Urban</strong> Poverty Alleviation<br />
(MHUPA) jointly with the <strong>National</strong> Resource Centre (NRC), CEPT University at<br />
Ahmedabad. In the context <strong>of</strong> the Ministry's policy thrust on affordable housing for<br />
the urban poor, embodied in the recently inaugurated Rajiv Awas Yojana, the<br />
Workshop presented a concrete actionable agenda for increasing land supply for<br />
the urban poor. The Report <strong>of</strong> this major Workshop has been prepared by Dr<br />
Darshini Mahadevia, Rutul Joshi and Rutool Sharma.<br />
E
The last section has a selection <strong>of</strong> book reviews. Dr Rumi Aijaz reviews the<br />
publication titled “<strong>Urban</strong> Economic Base <strong>of</strong> <strong>National</strong> Capital Region <strong>of</strong> India” by<br />
Dr Barun Kumar which <strong>of</strong>fers a set <strong>of</strong> recommendations for the balanced regional<br />
development <strong>of</strong> NCR. Pr<strong>of</strong>. Chetan Vaidya and Poornima Singh review the book<br />
“Governing India's Metropolises” edited by Joel Ruet and Stephanie Tawa Rewal<br />
which describes and analyses urban governance through the study <strong>of</strong> decision<br />
making processes pertaining to, supply and demand <strong>of</strong> collective goods and<br />
services, in four Indian metropolises.<br />
Wiith this issue, <strong>Urban</strong> India completes thirty years <strong>of</strong> its publication. We take<br />
pride and a sense <strong>of</strong> achievement in fulfilling this task. In our long journey, we are<br />
glad to have received the unstinted support and cooperation, <strong>of</strong> authors and<br />
contributors, who are among the crème de la - creme <strong>of</strong> the urban pr<strong>of</strong>ession,<br />
including economists, planners, administrators, architects, environmentalists and<br />
other pr<strong>of</strong>essionals in the urban field. At the same time we, particularly the<br />
dedicated editorial team, have had our share <strong>of</strong> trials and tribulations, which<br />
invariably provided maturity, stability, immense strength and wisdom to carry on<br />
this exciting journey. Our grateful thanks and congratulations to all <strong>of</strong> you!<br />
Anil Rai<br />
<br />
F
Establishing A Title Registration System In India:<br />
Problems And Prospects<br />
1<br />
Establishing A Title Registration System In India:<br />
Problems And Prospects<br />
Dr.Debolina Kundu<br />
Abstract<br />
The land registration system in India is conspicuous by the absence <strong>of</strong> scientific<br />
record management. Globalising India needs a robust system <strong>of</strong> land record<br />
management and land rights in the country. The existing system <strong>of</strong> deed<br />
registration is fraught with discrepancies and errors because <strong>of</strong> outdated methods,<br />
which are predominantly manual. Introduction <strong>of</strong> the property title certification<br />
system seeks to create a public record <strong>of</strong> titles through the introduction scientific<br />
management <strong>of</strong> land records in a transparent manner. This paper attempts to<br />
identify the need for introduction <strong>of</strong> this reform, trace its genesis and outline a<br />
roadmap for implementation based on best practices from national and<br />
international experiences. Available case studies indicate that huge funds and a<br />
number <strong>of</strong> enabling legislations are required to bring about this reform in urban<br />
centres. A sound system <strong>of</strong> land records and efficient use <strong>of</strong> Information<br />
Technology would be key to success to ensure introduction <strong>of</strong> property title<br />
certification system in the country.<br />
_______________________________________________________________<br />
1. Introduction:<br />
Indian cities are fast globalising. This has put demand for creation <strong>of</strong> conducive<br />
business environment to attract both domestic and international capital. As a result,<br />
reforms in urban governance have received considerable attention <strong>of</strong> the<br />
government. Certain ad-hoc policies <strong>of</strong> urban reforms had started in the early<br />
nineties with the initiative <strong>of</strong> the Financial Institutions Reform and Expansion<br />
(Debt-Market component) programme <strong>of</strong> the USAID followed by the passing <strong>of</strong><br />
th<br />
the 74 Constitutional Amendment Act in 1992. However, these measures <strong>of</strong><br />
disciplining the urban local bodies were piecemeal in nature. The central<br />
government, therefore, launched the Jawaharlal Nehru <strong>National</strong> <strong>Urban</strong> Renewal
2 <strong>Urban</strong> India<br />
Mission (JNNURM) in 2005 to make the reform agenda more holistic in nature and<br />
1<br />
enable cities to become more competitive .<br />
Notwithstanding these efforts, land registration system in India is conspicuous by<br />
the absence <strong>of</strong> scientific record management. Globalising India needs a robust<br />
system <strong>of</strong> land record management and land rights in the country. Unfortunately,<br />
the existing system <strong>of</strong> registration in India is characterised by the absence <strong>of</strong> a<br />
scientific system <strong>of</strong> recording and maintenance <strong>of</strong> land and property rights. In<br />
India, both formal recognition <strong>of</strong> property rights by the state and facilitation <strong>of</strong><br />
efficient trade in rights by the state exist in incomplete form. As a result, title<br />
ownership; possessory rights (e.g. leases), easements, mortgages etc are not readily<br />
verifiable (USAID, 2006). This is more so because under the Indian Registration<br />
Act <strong>of</strong> 1908 or Transfer <strong>of</strong> Property Act, 1882, the registration authority does not<br />
need to verify the past records <strong>of</strong> the land/property or ownership details <strong>of</strong> the seller.<br />
The deed registration, which is in common practice, does not provide certainty <strong>of</strong><br />
title and, therefore, land registration is not registration <strong>of</strong> title, but <strong>of</strong> deed <strong>of</strong><br />
2<br />
transaction. This ultimately affects the property rights <strong>of</strong> the buyer adversely.<br />
The agricultural holdings in rural India are recorded with the respective patwari <strong>of</strong><br />
the tehsil. The system <strong>of</strong> maintenance <strong>of</strong> land records for rural land is, however,<br />
characterised by outdated methods, predominantly manual, susceptible to<br />
discrepancies and errors. Like the rural land records, the urban land records are also<br />
in a deplorable condition since the urban land in the country is not subject to any<br />
central title registration system. In various states, records <strong>of</strong> land owned by<br />
governmental agencies are maintained by individual agency. These records are not<br />
systematically recorded in any cadastral survey. The maintenance <strong>of</strong> land records is<br />
even worse for private ownership, where no central land ownership details are<br />
recorded at the city or state level. The same is true for properties transferred from<br />
leasehold to freehold. However, there is a common perception that payment <strong>of</strong><br />
property tax and associated receipts confer some pro<strong>of</strong> <strong>of</strong> ownership, which is,<br />
however, not the case. This presumed ownership could be challenged on various<br />
grounds, like ownership history, area boundaries, financial encumbrances etc.<br />
The widespread use <strong>of</strong> informal methods <strong>of</strong> property transaction through Powers <strong>of</strong><br />
Attorney and unregistered 'Agreements to Sell' has led many people to avoid use <strong>of</strong>
Establishing A Title Registration System In India:<br />
Problems And Prospects<br />
3<br />
the formal system <strong>of</strong> deed registration in the country. The perceived high level <strong>of</strong><br />
Stamp Duty and registration charges on property transactions is mostly responsible<br />
for the preponderance <strong>of</strong> the informal methods <strong>of</strong> transactions. The existing system<br />
<strong>of</strong> deed registration is also highly inefficient. As for example, the delay in the deed<br />
registration due to the presence <strong>of</strong> a manual system <strong>of</strong> registration has posed<br />
problems in the development <strong>of</strong> a title registration in most <strong>of</strong> the cities <strong>of</strong> India. This<br />
has been brought out in one <strong>of</strong> the recent studies <strong>of</strong> <strong>National</strong> <strong>Institute</strong> <strong>of</strong> <strong>Urban</strong><br />
3<br />
<strong>Affairs</strong>. In addition, because the deed records are filed in written form and by date<br />
<strong>of</strong> registration, it is difficult to trace the chain <strong>of</strong> ownership through a manual search<br />
<strong>of</strong> the records. The process <strong>of</strong> registration <strong>of</strong> new deeds is now being computerized<br />
in almost all the states, but the exercise <strong>of</strong> extending computerization to the old<br />
records is a formidable task. Further, barring Andhra Pradesh, Rajasthan and<br />
4<br />
Karnataka, no attempts are being made to prepare a systematised computer<br />
database <strong>of</strong> land records in a manner, which would help in ascertaining the previous<br />
chain <strong>of</strong> owners, etc.<br />
The need to establish a title registration in the country has been long felt in the<br />
country. In 2006, the Delhi Government had taken up a concerted action in this<br />
regard by commissioning a study to the <strong>Urban</strong> <strong>Institute</strong>, Washington on preparation<br />
<strong>of</strong> a roadmap for establishing a title registration system in the state. Importantly,<br />
this issue has also received considerable emphasis from the central government in<br />
recent years. In fact, under the Jawaharlal Nehru <strong>National</strong> <strong>Urban</strong> Renewal Mission<br />
(JNNURM), putting in place an effective Property Title Certification System forms<br />
a mandatory state level reform. Under this system, the cities need to ensure proper<br />
management and record <strong>of</strong> all property holdings within the city limits reflecting<br />
authentic ownership at all points and easily accessible information on land<br />
holdings.<br />
Following the introductory section, the second section attempts to identify the need<br />
for a new title registration system in the country. The third section attempts to trace<br />
the genesis <strong>of</strong> the system. The fourth section suggests methods to move towards<br />
more transparent and efficient land registration systems and also highlights case<br />
studies from national and international best practices. The final section summarises<br />
the conclusions from the previous sections and puts a perspective for future<br />
development.
4 <strong>Urban</strong> India<br />
2. The need for a new title registration system:<br />
In urban India, land records are in a chaotic state with no central/state authority<br />
having centralised database on land titles. This has resulted in the persistence <strong>of</strong> a<br />
risk factor among buyers and mortgagors that the title to a property may be<br />
imperfect or fraudulent; financial risk for banks and housing finance companies<br />
that they may be unable to foreclose a mortgage, or that the property has been used<br />
to secure a prior mortgage (USAID 2007). Further, inability to prove legitimate<br />
ownership results in poor access to mortgage finance constraining the volume <strong>of</strong><br />
secondary transactions. The absence <strong>of</strong> a verifiable property titling and record<br />
system has also led to litigation about property ownership and boundaries. There<br />
are various instances <strong>of</strong> the same property being sold to numerous buyers leading to<br />
endless litigation. Further Stamp and Transfer Duties are probably collected on<br />
only a minority <strong>of</strong> transactions due to the preponderance <strong>of</strong> informal transactions<br />
through power <strong>of</strong> attorney. The reduction <strong>of</strong> stamp duty to 5 per cent under<br />
JNNURM reforms is expected to bring more transactions under the formal system<br />
<strong>of</strong> registration.<br />
City planners, para statal agencies and urban local bodies have no access to a land<br />
information system, which constrain planning and management. Although the<br />
urban local bodies collect property tax, their ability to identify properties that are<br />
not presently included in the property tax registers would be enhanced if they were<br />
to have access to a central register <strong>of</strong> properties. Further, their taxation ability<br />
would be made much more efficient and equitable if they had access to an up-todate<br />
property register. Similar benefits would accrue to the city governments while<br />
planning for basic services for the city.<br />
Further, availability <strong>of</strong> land is artificially constrained by speculative purchases,<br />
litigation, lack <strong>of</strong> information on the land available for social housing etc.<br />
Implementation <strong>of</strong> the master plans is also effected by the absence <strong>of</strong> database on<br />
land that has clear land title. Absence <strong>of</strong> land cadastres also come in the way <strong>of</strong><br />
regularisation drives <strong>of</strong> cities.<br />
The introduction <strong>of</strong> a formal system <strong>of</strong> property registration would bring about an<br />
efficient and new system for property registration (new technology and new laws I
Establishing A Title Registration System In India:<br />
Problems And Prospects<br />
5<br />
regulations) to clarify and authenticate citizens' property rights and improve<br />
security <strong>of</strong> title to allow banks and housing finance companies to function with<br />
confidence. It would bring clear definition <strong>of</strong> title in subdivided properties and<br />
systematic documentation <strong>of</strong> titles. The recent developments in s<strong>of</strong>tware<br />
technology have much easier and cheaper options to introduce appropriate<br />
technology than it was earlier. Best practices introduced in other countries have<br />
demonstrated the technologies that could be adopted by India. A modern title<br />
registration system will provide a service to all property owners in the country that<br />
was previously lacking, in a cost-effective and user-friendly manner. The initiation<br />
<strong>of</strong> a title registry will boost business, as it would signal to investors that India is a<br />
globalising country, with a confident economy based on stable land rights.<br />
The objective <strong>of</strong> the JNNURM reform is to provide certainty <strong>of</strong> title to land in<br />
towns and cities in order to facilitate property transactions, encourage investment<br />
and improvement, reduce litigations and uncertainty over the ownership <strong>of</strong> land.<br />
The present system <strong>of</strong> deed registration, whether manually operated or<br />
computerised would be replaced with a system <strong>of</strong> title registration such as has been<br />
adopted by many countries by the establishment <strong>of</strong> a central registry <strong>of</strong> property,<br />
rights and charges.<br />
According to the USAID Study (2007), a land registration, mapping and<br />
information system, would help the local economy in various ways as outlined<br />
below:<br />
provide a complete and transparent record <strong>of</strong> title and other interests in land<br />
and immovable property;<br />
establish the legality <strong>of</strong> title or other interests;<br />
provide constructive notice to third parties <strong>of</strong> title and other interests on<br />
property;<br />
help avoid conflicts and property disputes;<br />
be self-proving, providing a presumption <strong>of</strong> accuracy and indemnification for<br />
errors;<br />
protect subsequent owners through a complete and transparent chain <strong>of</strong> title;<br />
collate data about real estate markets;<br />
provide data to help government determine rational land use policies;
6 <strong>Urban</strong> India<br />
facilitate the rational management <strong>of</strong> property assets held by public agencies;<br />
support the property tax system.<br />
All these would result in bringing about a guaranteed title certification system<br />
which would help in more effective urban planning, developing an efficient<br />
mortgage market, planning <strong>of</strong> informal housing etc.<br />
3. The Genesis <strong>of</strong> the Land Title Registration (Torrens) System<br />
The Title Registration (Torrens) System refers to a system by which ownership <strong>of</strong><br />
real property is established through the issuance <strong>of</strong> an <strong>of</strong>ficial certificate indicating<br />
the name <strong>of</strong> the individual in whom such ownership is vested. The idea <strong>of</strong> a system<br />
<strong>of</strong> land title registration originated with Sir Robert Torrens <strong>of</strong> Australia, and has<br />
generally become known as the "Torrens System." In 1857 he introduced a bill<br />
5<br />
providing for the registration <strong>of</strong> land titles. The idea spread rapidly to British<br />
Honduras in Central America in the same year and to Queensland, Tasmania and<br />
Victoria in 1861. Most <strong>of</strong> the other British colonies have since then adopted the<br />
system. It has become popular throughout the globe as it addresses two major<br />
problems, that <strong>of</strong> uncertainty surrounding land ownership, and confusion around<br />
land transactions. Under this system, all transfers <strong>of</strong> land are recorded in the land<br />
register. Most importantly, the owner <strong>of</strong> the land is established by virtue <strong>of</strong> his name<br />
6<br />
being recorded in the government's register. This system also records easements<br />
and mortgages.<br />
The effect <strong>of</strong> registration under the deed registration system is to give the<br />
instrument registered "priority" over all instruments that are unregistered. The<br />
basic difference between the deeds registration and Torrens systems is that the<br />
former involves registration <strong>of</strong> instruments while the latter involves registration <strong>of</strong><br />
title (USAID, 2007).The Torrens title system operates on the principle <strong>of</strong> title by<br />
registration (i.e. the indefeasibility <strong>of</strong> a registered interest) rather than registration<br />
<strong>of</strong> title. The system does away with the need for a chain <strong>of</strong> title (i.e. tracing title<br />
through a series <strong>of</strong> documents). Instead, each parcel <strong>of</strong> land is given a separate folio<br />
in the register and is identified by reference to a registered plan. On the first<br />
registration <strong>of</strong> land under the system, the land is given a unique number called a<br />
folio which identifies the land by reference to a registered plan. The folio records
Establishing A Title Registration System In India:<br />
Problems And Prospects<br />
7<br />
the dimensions <strong>of</strong> the land and its boundaries, the name <strong>of</strong> the registered owner, and<br />
any legal interests that affect title to the land. To change the boundaries <strong>of</strong> a parcel<br />
<strong>of</strong> land, a revised plan must be prepared and registered. Once registered, the land<br />
cannot be withdrawn from the system.<br />
A transfer <strong>of</strong> ownership <strong>of</strong> a parcel <strong>of</strong> land is effected by a change <strong>of</strong> the record on<br />
the register. The registrar has a duty to ensure that only legally valid changes are<br />
made to the register. A change <strong>of</strong> ownership may come about because <strong>of</strong> a sale <strong>of</strong> the<br />
land, or the death <strong>of</strong> the registered owner, or as a result <strong>of</strong> a court order, etc.<br />
Similarly, any interest, which effects or limits the ownership rights <strong>of</strong> the registered<br />
owner, such as a mortgage, can also be noted on the register. There are legal rules,<br />
which regulate the rights and powers <strong>of</strong> each <strong>of</strong> these interests in relation to each<br />
other and in relation to third parties. The State guarantees the accuracy <strong>of</strong> the<br />
register and undertakes to compensate those whose rights are adversely affected by<br />
an administrative error.<br />
The Torrens system works on the following three principles as outlined in the box.<br />
Three principles <strong>of</strong> Torrens system<br />
Mirror principle - the register or the Certificate <strong>of</strong> Title reflects,<br />
i.e.,mirrors accurately and completely the current facts about a person's<br />
title. This means if a person sells an estate, the new title has to be identical<br />
to the old one in terms <strong>of</strong> description <strong>of</strong> lands, except for the owner's name.<br />
Curtain principle - one does not need to go behind the Certificate <strong>of</strong> Title<br />
as it contains all the information about the title. This means that ownership<br />
need not be proved by long complicated documents that are kept by the<br />
owner, as in Private Conveyancing system. All the necessary information<br />
regarding ownership is on the Certificate <strong>of</strong> Title.<br />
Insurance principle - provides for compensation <strong>of</strong> loss if there are errors<br />
made by the Registrar <strong>of</strong> Titles.<br />
Source: T Rouff, 1957
8<br />
<strong>Urban</strong> India<br />
4.1. The legal basis for a Title Registry:<br />
The USAID (2007) study outlined an alternative approach to improve the<br />
functioning <strong>of</strong> the present system <strong>of</strong> deed registration under the Registration Act<br />
1908 in order to allow users better access to the data base and to bring more<br />
properties into the system. The study (2007) suggested that this could be achieved<br />
by computerizing all the existing records dating back to 1908 and linking them<br />
through a chain <strong>of</strong> title; by enforcement <strong>of</strong> regulations relating to Powers <strong>of</strong><br />
Attorney; and by extension <strong>of</strong> the requirement to register other types <strong>of</strong> transaction<br />
(e.g. mortgages, transactions in the <strong>Urban</strong> Villages, etc). The study indicates that<br />
this exercise would marginally increase the certainty <strong>of</strong> title, and could not form the<br />
basis for any form <strong>of</strong> guarantee. Further, it would be relatively difficult and<br />
expensive in cases especially while interpreting and linking the chains <strong>of</strong> older<br />
documents, and would likely increase the incidence <strong>of</strong> litigation. Alternatively, the<br />
study recommended the introduction <strong>of</strong> a land register.<br />
The land register would contain the following details:<br />
A description <strong>of</strong> the attributes <strong>of</strong> the land parcel: a precise reference to the Land<br />
Cadastre -title number, location, etc<br />
Land ownership and possessory rights -e.g. the name <strong>of</strong> the owner(s) <strong>of</strong> the<br />
land, the capacity in which the owner holds the land, particulars <strong>of</strong> leases, etc.<br />
Non-possessory rights (easements and covenants), mortgages and other<br />
charges. Title registration includes the details <strong>of</strong> all legal transactions affecting<br />
the parcel, including sales and mortgages. Equitable Mortgages (mortgage by<br />
deposit <strong>of</strong> title deeds) are presently exempt from registration by the Registrar<br />
<strong>of</strong> Assurances under the Registration Act 1908. In order to protect lenders -all<br />
such transactions could be included in the title register by an administrative<br />
order.<br />
Interests in apartments. The title registry should reflect the legal interests <strong>of</strong><br />
different ownership interests in a built property (e.g. a condominium built on<br />
leased land).<br />
All these details <strong>of</strong> the land register would make it possible for the respective state<br />
government to build a database on urban land/property and also confer land titles in<br />
an efficient and transparent manner. In India, the respective state
Establishing A Title Registration System In India:<br />
Problems And Prospects<br />
9<br />
governments may undertake the introduction <strong>of</strong> the new registry systematically,<br />
area-wise (district), over a period <strong>of</strong> years. Gradually when the whole <strong>of</strong> a state is<br />
covered by the new Title Registry, the existing Deed Registry operated by the<br />
Registrar <strong>of</strong> Assurances would become redundant and such a system may be<br />
discarded. In the transition period, however deeds pertaining to areas not yet<br />
notified for inclusion in the Title Registry would continue to be registered in the<br />
Deed Registry. The record <strong>of</strong> titles could be created over a period <strong>of</strong> time. Three sets<br />
<strong>of</strong> registers would be maintained ultimately, namely: a) register <strong>of</strong> titles, b) register<br />
<strong>of</strong> disputes and c) register <strong>of</strong> charges and covenants.<br />
Enabling Legislations:<br />
Various enabling legislations are to be put in place to bring about title registration<br />
system in the country. Amendment to the following Acts would be necessary for the<br />
introduction <strong>of</strong> Title Registration system:<br />
Indian Registration Act 1908, requiring compulsory registration <strong>of</strong> title instead<br />
<strong>of</strong> deed (union Government),<br />
Section 18 <strong>of</strong> Indian Registration Act 1908 requiring compulsory registration<br />
<strong>of</strong> all land related transactions land acquisition, court decrees, land orders,<br />
heirship partitions, mortgages, agreements to sell, power <strong>of</strong> attorney, etc.<br />
(union Government),<br />
Transfer <strong>of</strong> Property Act, 1982 requiring verification <strong>of</strong> ownership, (union<br />
Government),<br />
Indian Evidence Act that require Revenue Records to be conclusive rather than<br />
presumptive and Indian Contract Act <strong>of</strong> 1872, requiring contracts to be<br />
registered (union Government).<br />
In addition to the enabling legislations, various other legal measures need to be<br />
taken by the respective state governments. These would include resolving the<br />
conflicting role <strong>of</strong> the revenue department <strong>of</strong> the state government as the sovereign<br />
authority on government land and also as an adjudicator <strong>of</strong> rights against the<br />
Government. Further, legal provisions must be introduced to safeguard guaranteed<br />
title provisions from contrary provisions <strong>of</strong> other state laws and for providing for<br />
legitimate counter-claims to land ownership. Efforts should be taken to protect the<br />
state and legitimate owners with “ provisional title” that over a certain time
10<br />
<strong>Urban</strong> India<br />
converts to “conclusive title” protected by state. Further, there should be provisions<br />
for creation <strong>of</strong> an indemnity fund to provide for compensation for genuine counterclaims.<br />
An escrow account may also be created to safeguard the indemnity fund.<br />
The proposed institutional structure<br />
A land registry may be established in each state under the existing land revenue Act.<br />
The State Government could establish a new Department <strong>of</strong> Lands and Survey,<br />
with the responsibility for administration <strong>of</strong> both the land registry and the land<br />
cadastre. It would be desirable if the cadastral agency and the land information<br />
system were tied within the same agency, rather than being decentralised between<br />
different government authorities. Such an administrative set up would avoid<br />
duplication <strong>of</strong> responsibilities and speed up the process <strong>of</strong> title registration.<br />
Adoption <strong>of</strong> Computerised Process <strong>of</strong> Registration <strong>of</strong> Properties<br />
Land registers are computerized in various countries although there are several<br />
national or provincial governments that have chosen to retain a manual system. It is<br />
important to note here that a manual system <strong>of</strong> registration leads to several<br />
inefficiencies in land administration. Given the present state <strong>of</strong> technology<br />
worldwide and India's pre-eminent expertise in information technology, each<br />
state's land registry and land cadastre can be fully computerized from the<br />
beginning. The JNNURM reform has 'adoption <strong>of</strong> computerised process <strong>of</strong><br />
registration <strong>of</strong> properties' as one <strong>of</strong> the mandatory reforms. Adoption <strong>of</strong> this reform<br />
would bring a step closer to the title certification system. In fact, almost all states<br />
have already adopted computerised process <strong>of</strong> registration <strong>of</strong> properties. States like<br />
West Bengal are in the process <strong>of</strong> implementing this system, where manual system<br />
<strong>of</strong> registration is still prevalent in most <strong>of</strong> the districts.<br />
Public Access to information<br />
One <strong>of</strong> the principles <strong>of</strong> title registration is that once title or other interests are<br />
registered, all persons are deemed to have constructive notice <strong>of</strong> the facts in the<br />
record. This information is essential to prevent fraud, to protect the interests <strong>of</strong><br />
holders <strong>of</strong> rights in the property against other parties, ease mortgage procedures and
Establishing A Title Registration System In India:<br />
Problems And Prospects<br />
11<br />
to allow property owners to freely exercise their property rights, both in formal and<br />
7<br />
informal areas <strong>of</strong> cities.<br />
Cadastral Survey<br />
As mentioned earlier, it would be important to undertake a cadastral survey in order<br />
to establish the precise boundaries <strong>of</strong> each parcel <strong>of</strong> land. This will form the basis <strong>of</strong><br />
a cadastre, which would comprise <strong>of</strong> a series <strong>of</strong> maps showing the size and location<br />
<strong>of</strong> all land parcels, together with a small text describing the attributes <strong>of</strong> the land.<br />
The land cadastre should show the geometric characteristics <strong>of</strong> a property. This<br />
would help to precisely locate each individual parcel <strong>of</strong> land. The cadastre may<br />
include: geometric coordinates, property addresses, land use, property<br />
information, tenure, details <strong>of</strong> construction <strong>of</strong> buildings and apartments;<br />
population, price or value stated (most recent) as well as details <strong>of</strong> any registered<br />
charges.<br />
In addition to guaranteeing ownership and security <strong>of</strong> tenure, and thereby assuring<br />
better access to credit, information contained in the land registry and cadastre can<br />
be used for purposes <strong>of</strong> estimating and collecting property taxes in the urban areas.<br />
The same data may be used to support land use planning and management including<br />
development control, and planning for redevelopment, planning for and<br />
management <strong>of</strong> public utilities and services; transport planning; emergency<br />
planning and management; and for demographic and other statistical analysis in the<br />
respective cities. It can be used to monitor land markets, an important potential<br />
source <strong>of</strong> revenue as well as for property assessment and valuation. Survey <strong>of</strong> India<br />
(NRSA) could be entrusted with the establishment <strong>of</strong> a geodetic network whereas<br />
licensed private surveyors can undertake lower-level mapping (USAID, 2007).<br />
Cost <strong>of</strong> Implementation:<br />
Capital costs for the introduction <strong>of</strong> a new land title registration system vary widely<br />
from country to country, depending on needs and the scope <strong>of</strong> the project.<br />
International experience shows that capital costs are equivalent to upwards <strong>of</strong> $10<br />
per property registered. In India, the costs <strong>of</strong> first registration for the Nagarasti<br />
Project in Belgaum was about Rs.300 per property.
12<br />
<strong>Urban</strong> India<br />
International experience shows that capital costs <strong>of</strong> new registration project have<br />
been allocated between components as follows:<br />
Land registration and titling, including systematic (first)<br />
registration and data conversion 20-45%<br />
Cadastre services contracts (aerial photography,<br />
mapping, surveying) 10-40%<br />
Equipment, vehicles, furniture 5-25%<br />
Technical advisors 3-10%<br />
Policy development and project management 7%<br />
Training and education 5%<br />
Civil works 1-15%<br />
Total 100%<br />
Source: USAID, 2007<br />
In Thailand, the first registration charge was $4 per parcel while the actual cost was<br />
$40 per parcel. The fee was kept minimum with the idea that an affordable fee<br />
would result in higher registration necessary for the success <strong>of</strong> the program. This<br />
approach does not ensure recovery <strong>of</strong> the full costs <strong>of</strong> set-up <strong>of</strong> the new system. It<br />
was based on the assumption that relatively low operational costs can allow land<br />
registries to become self-financing after the start-up period even with modest fees.<br />
Fees that are too high tend to discourage registration and increase the likelihood <strong>of</strong><br />
increase <strong>of</strong> unregistered properties. The central government should assist the states<br />
in financing such capital projects, as funds are a major constraint in the<br />
implementation <strong>of</strong> the reforms.<br />
4.2. Case studies from <strong>National</strong> and International Best Practices:<br />
Various countries have a long history <strong>of</strong> scientific management <strong>of</strong> their urban land<br />
through urban land title certification system. Attempts may be made by the state<br />
governments to introduce these efforts in their respective urban areas. Under the
Establishing A Title Registration System In India:<br />
Problems And Prospects<br />
13<br />
JNNURM, a few states have initiated certain reforms in the above area. The<br />
following section attempts to outline the best practices, both at an international<br />
level as also at the national level, which would act as a roadmap for various state<br />
governments to introduce the reform.<br />
International best practice: State Government <strong>of</strong> Victoria:<br />
The State Government <strong>of</strong> Victoria delivers the Title and Property Certificates<br />
(TPC) Service. TPC is an easy-to-use self-service that combines online orders for<br />
state and local government property certificates and information statements for<br />
Victoria. It also includes online retrieval <strong>of</strong> information such as titles and plans<br />
where available. It charges a fee for service and payment is by credit card.<br />
Properties are typically described by street address or a 'rate assessment number'<br />
allocated by an authority, e.g. local government or utility. A property can consist <strong>of</strong><br />
one parcel (e.g. a suburban house-block); many parcels (e.g. a farm); or part <strong>of</strong> a<br />
parcel (e.g. a shop in a development). The Council's view <strong>of</strong> property is usually seen<br />
as being definitive and is described by a Council Property Number (CPN).<br />
The service is through seven simple steps:<br />
1. Specify property - One has to choose one <strong>of</strong> the listed property and enter in<br />
the requested details.<br />
2. Confirm property - To confirm the property, the service will match the<br />
volume/folio and plan numbers (these are required to order Copy <strong>of</strong> Title and<br />
Plan <strong>of</strong> Subdivision certificates). One has to confirm the property to order<br />
certificates from other authorities. One will also be able to visually confirm<br />
the property on a map. If the property details are not correct, one can select an<br />
alternative property.<br />
3. Select certificates - One will be asked to select from a list <strong>of</strong> certificates<br />
available for the specified property.<br />
4. Delivery details - One will be asked to provide and confirm delivery details<br />
and options for delivery by email or fax.
14<br />
<strong>Urban</strong> India<br />
5. Payment details - Payment for the whole order is completed by a single credit<br />
card transaction.<br />
6. Confirm Order - One will be asked to check the details <strong>of</strong> order and to select<br />
purchase if all details are correct. One can also save selections and finish<br />
transaction later.<br />
7. Receipt - When the application and payment has been successfully processed<br />
a printable receipt is issued. One can check the status <strong>of</strong> your order, at any time<br />
during processing <strong>of</strong> the order.<br />
England:<br />
In England, the government agency (www.landreg.gov.uk) maintains a database <strong>of</strong><br />
all properties in the United Kingdom (UK) with regard to the address, ownership,<br />
service address, purchase price, mortgages and basic description. Websites like<br />
www.ourproperty.co.uk, www.mouseprice.com, www.hometrack.co.uk,<br />
www.upmystreet.com etc take this information from the Land Registry as well as a<br />
number <strong>of</strong> other sources to provide customers with the relevant information.<br />
The Land Registry records whether each house etc has a mortgage or not and this<br />
information is publicly available via their website. However, they do not have the<br />
ability to export this data as a bulk text output for analysis since this would require<br />
significant and costly changes to their database package. At present one can search<br />
any property in the UK at www.landregisteronline.gov.uk and download a PDF file<br />
with all the information about the property for about £3 per property. One can pay<br />
for this by credit card without any need to register or open an account and be billed<br />
monthly. The PDF file download will be the Official Copy <strong>of</strong> the register for the<br />
property. It will show the address, owner's name, his service address, price bought<br />
for, when bought, what “charges (mortgages) exist and with whom and a variety <strong>of</strong><br />
other current and historic details.<br />
A caution is taken against first registration for protecting an interest in an<br />
unregistered estate affecting land. A caution can protect a wide variety <strong>of</strong> interests,<br />
as for example, rent charges and franchises. For each caution there is a 'caution title'
Establishing A Title Registration System In India:<br />
Problems And Prospects<br />
15<br />
- a record, under a distinguishing number, <strong>of</strong> the details <strong>of</strong> the caution and <strong>of</strong> the<br />
declaration in support and <strong>of</strong> a plan showing the extent <strong>of</strong> the land affected by the<br />
caution. A caution is not an actual registration <strong>of</strong> any estate in land. It is merely a<br />
means to trigger notification to the person who lodged the caution when an<br />
application for first registration is made. There can be more than one caution in<br />
respect <strong>of</strong> the same property.<br />
In the UK, the title register contains the details relating to the property.<br />
Further, each title register has three parts:<br />
property register - a description <strong>of</strong> the property and any rights that may benefit<br />
the property<br />
proprietorship register - who owns the property and any restrictions upon their<br />
power to deal with the property<br />
charges register - further information such as mortgages or rights that may<br />
adversely affect the property.<br />
<strong>National</strong> Experience: The Rajasthan <strong>Urban</strong> Land (certification <strong>of</strong> title) Reform,<br />
2008:<br />
The State Government <strong>of</strong> Rajasthan issued an ordinance in October 2008 to provide<br />
for survey and maintenance <strong>of</strong> record <strong>of</strong> urban lands and certification <strong>of</strong> titles. This<br />
reform along with computerisation <strong>of</strong> the process <strong>of</strong> registration <strong>of</strong> land and<br />
property will help to bring about an efficient real estate market where transactions,<br />
i.e., sale and purchase <strong>of</strong> properties, can take place smoothly in a transparent<br />
manner.<br />
Appointment <strong>of</strong> <strong>Urban</strong> Land Title Certification Authority:<br />
The ordinance enables the State Government or urban local body to carry out a<br />
survey <strong>of</strong> any urban area within the State. The <strong>of</strong>ficer conducting survey shall<br />
prepare a map, register and field book <strong>of</strong> the urban area or part there<strong>of</strong> under survey.<br />
After completion <strong>of</strong> survey operations in any urban area, the <strong>of</strong>ficer in charge <strong>of</strong><br />
survey shall send all maps, registers and other documents including files on which<br />
decisions were recorded and other papers connected with survey to such urban
16<br />
<strong>Urban</strong> India<br />
body in whose local area the survey was conducted or to such other authority or<br />
department <strong>of</strong> the State Government as the State Government may specify by<br />
general or special order for safe custody <strong>of</strong> record <strong>of</strong> survey.<br />
If the State Government is satisfied with the survey and approves it, it should be<br />
notified in the Official Gazette. The owner, title holder or occupier <strong>of</strong> the land or<br />
premises which has been surveyed shall be liable to pay to the <strong>of</strong>ficer or authority in<br />
charge <strong>of</strong> the survey, a fee at such rate, in such manner, within such time after the<br />
completion <strong>of</strong> survey and to such extent, as the State Government may prescribe<br />
and any survey fee not so paid shall be recoverable as arrears <strong>of</strong> land revenue. Every<br />
owner, holder <strong>of</strong> title or occupier <strong>of</strong> land or premises who has paid the survey fee<br />
under this section shall be entitled to receive free <strong>of</strong> charge, and every owner, holder<br />
<strong>of</strong> title or occupier who is not liable to pay such survey fee shall be entitled to<br />
receive on payment <strong>of</strong> such charges, as may be prescribed, a certified extract from<br />
the map and a certified extract from the register prepared so far as they relate to such<br />
land or premises.<br />
After the commencement <strong>of</strong> the Act, the State Government shall, by notification in<br />
the Official Gazette, appoint an <strong>of</strong>ficer <strong>of</strong> the Indian Administrative Service to be<br />
the <strong>Urban</strong> Land Title Certification Authority for the purpose <strong>of</strong> receiving<br />
applications, scrutinizing the documents, verification from relevant <strong>of</strong>ficial records<br />
including the records kept by the local urban bodies, and issuance <strong>of</strong> certificate <strong>of</strong><br />
title in such form and in such manner as may be prescribed. The State Government<br />
may also appoint such number and category <strong>of</strong> other <strong>of</strong>ficers as it may think<br />
necessary to assist the Certification Authority in discharge <strong>of</strong> his functions under<br />
this Act. A person who holds title <strong>of</strong> any urban land immediately before the<br />
commencement <strong>of</strong> this Ordinance may, and the person who acquires title <strong>of</strong> any<br />
urban land after the commencement <strong>of</strong> this Ordinance shall, apply to the Authority<br />
for the certificate <strong>of</strong> title under the provisions <strong>of</strong> this Act, in a manner and within<br />
such time as may be prescribed by the Act. The Authority, after verification <strong>of</strong> the<br />
documents would issue a provisional certificate <strong>of</strong> title for a period <strong>of</strong> two years<br />
without claiming any guarantee on behalf <strong>of</strong> the State Government. The Authority<br />
may, after expiry <strong>of</strong> the said period, issue a permanent certificate <strong>of</strong> title.<br />
Certification cum guarantee charges: Every person, who seeks a certificate <strong>of</strong>
Establishing A Title Registration System In India:<br />
Problems And Prospects<br />
17<br />
title under the provisions <strong>of</strong> this Act, shall be liable to pay, by way <strong>of</strong> certification<br />
8<br />
cum guarantee charges. 1% <strong>of</strong> the prevailing DLC rates <strong>of</strong> the land to which<br />
certificate relates. The amount <strong>of</strong> certification cum guarantee charge shall be<br />
payable at the time <strong>of</strong> issue <strong>of</strong> the provisional certificate <strong>of</strong> title.<br />
Establishment <strong>of</strong> a sinking Fund: A sinking fund needs to be established where<br />
the money realized on account <strong>of</strong> fees, penalty and certification cum guarantee<br />
charge shall be deposited to the Fund. The Fund shall be utilized to meet out the<br />
expenses on account <strong>of</strong> the payment <strong>of</strong> any compensation in accordance with the<br />
provisions <strong>of</strong> the Ordinance and such other administrative expenses incurred by the<br />
Certification Authority. The management, accounts and audit <strong>of</strong> the Fund shall be<br />
regulated by such rules as may be made by the State Government from time to time<br />
in this behalf.<br />
State Guarantee: The State Government shall stand as guarantor for the<br />
genuineness and authenticity <strong>of</strong> the title to the extent specified in permanent<br />
certificate issued by the Authority. Any person, who enters into an agreement for<br />
consideration with the titleholder on the basis <strong>of</strong> a permanent certificate <strong>of</strong> title<br />
issued under this Act and thereby incurs any loss due to any defect <strong>of</strong> title other than<br />
that specified in the certificate, shall be entitled to be compensated by the Authority.<br />
However the compensation payable shall not exceed the amount <strong>of</strong> the value <strong>of</strong> the<br />
land to which the certificate relates calculated at the rates for purpose <strong>of</strong> Stamp<br />
Duty prevalent at the time <strong>of</strong> issue <strong>of</strong> the certificate.<br />
Indemnity: Any person, who enters into an agreement for consideration with the<br />
title holder on the basis <strong>of</strong> a permanent certificate <strong>of</strong> title issued under the Act and<br />
thereby incurs any loss due to any defect <strong>of</strong> title other than that specified in the<br />
certificate, shall be entitled to be compensated by the Certification Authority on<br />
behalf <strong>of</strong> the State Government as guarantor, for such loss to such extent as they are<br />
attributable to such defect, in such manner as may be prescribed. It may be noted<br />
that the amount <strong>of</strong> compensation payable shall not exceed the amount <strong>of</strong> the value<br />
<strong>of</strong> the land to which the certificate relates calculated at the DLC rates prevalent at<br />
the time <strong>of</strong> issue <strong>of</strong> the certificate in the area in which the land is located.<br />
Appeals: Any person aggrieved by an order <strong>of</strong> the Certification Authority may<br />
appeal within sixty days from the date <strong>of</strong> such order to the Tribunal.
18<br />
<strong>Urban</strong> India<br />
Delhi <strong>Urban</strong> Property Registration:<br />
The Delhi urban property registration deeds will be replaced by title deeds and the<br />
latter will be issued once a central authority that will have a database <strong>of</strong> all<br />
properties in the city. The draft plan talks <strong>of</strong> awarding provisional registration in<br />
more complicated cases such as unauthorised colonies and old pre-independence<br />
constructions like those in the Walled City in the first seven years from the time the<br />
Act comes into force as it will take that much time to put a central database in place.<br />
Consequently permanent registrations will be awarded.<br />
After the seven-year window period, registering with the titling authority will<br />
become mandatory. The authority will conduct its own survey to ascertain<br />
ownership. For very old properties like those in the Walled City where documents<br />
may not always be available, registration will continue to be done by the subregistrar.<br />
As <strong>of</strong> now there is no central system <strong>of</strong> maintaining records <strong>of</strong> property<br />
ownership because <strong>of</strong> multiplicity <strong>of</strong> authorities. The proposed Central Authority<br />
under the draft Bill will maintain complete records <strong>of</strong> all properties and scrutinize<br />
the details provided to identify the real owner. These will also be digitised and will<br />
prevent fraudulent claims on ownership <strong>of</strong> a property, as the records will be<br />
available for courts to take decisions. Registration <strong>of</strong> agricultural land, however,<br />
will be out <strong>of</strong> its purview. The Authority will also function as a Tribunal to look at<br />
disputes and an appellate tribunal too. All data collected by the Titling Authority<br />
will be digitised and title status <strong>of</strong> properties registered with it will be put up on a<br />
central website.<br />
The Delhi Government had hired a legal firm to draft the bill. Consultation on it will<br />
soon be taken up along with various stakeholders like the real estate companies.<br />
The move towards introducing a Property Title Certification is the need <strong>of</strong> the hour<br />
to prevent rampant fraud in the real estate sector. In the city <strong>of</strong> Delhi, there are<br />
instances <strong>of</strong> a single property sometimes getting registered under different names<br />
numerous times. The Titling Law, when introduced, will put an end to this problem.<br />
5. Conclusion:<br />
Introduction <strong>of</strong> property title certification system in ULBs is one <strong>of</strong> the key reforms
Establishing A Title Registration System In India:<br />
Problems And Prospects<br />
19<br />
under the Jawaharlal Nehru <strong>National</strong> <strong>Urban</strong> Renewal Mission. The objective <strong>of</strong> the<br />
reform is to enable the cities to move towards guaranteed property title systems,<br />
which would help to introduce scientific management <strong>of</strong> land records in a<br />
transparent manner. The existing system <strong>of</strong> deed registration is fraught with<br />
discrepancies and errors because <strong>of</strong> outdated methods, which are predominantly<br />
manual. Introduction <strong>of</strong> the property title certification system seeks to create a<br />
public record <strong>of</strong> titles, which describe the property details, as well as the title and<br />
has a system for reflecting any transaction over time. The present records are at best<br />
presumptive and do not convey any title. As mentioned earlier, a property title<br />
certification system would require various legal changes, which can be brought<br />
about by enacting an overriding law for amendments to existing laws. In this<br />
regard, an overview <strong>of</strong> the best practices may prove useful for implementation <strong>of</strong><br />
the reform. It may be reiterated that a property title certification system is based on a<br />
sound system <strong>of</strong> land records and efficient use <strong>of</strong> Information Technology would be<br />
key to success <strong>of</strong> the reform. Last but not the least, the central government should<br />
assist the states in financing such projects as funds are a major constraint in the<br />
implementation <strong>of</strong> the reforms.<br />
Acknowledgement: The secretarial assistance <strong>of</strong> Ms.Anita Sharma (NIUA) is<br />
acknowledged.
20<br />
<strong>Urban</strong> India<br />
End Notes<br />
1 Introducing Property Title Certification is a mandatory reform under<br />
JNNURM. States are to implement this reform by the end <strong>of</strong> the mission<br />
period.<br />
2 The deed <strong>of</strong> transaction is a fiscal instrument for the state, allowing it to collect<br />
a 'fee'.<br />
3 Preparation <strong>of</strong> Guidelines For Model System For Procedures Under the<br />
Parameters <strong>of</strong> Registering Property and Dealing with Licenses (Doing<br />
Business in Indian Cities) NIUA, 2008 under Ministry <strong>of</strong> Commerce and<br />
Industry, GOI<br />
4 Karnataka has computerised land records since 2003-04 onwards (NIUA,<br />
2008).<br />
5 This bill became a law in South Australia January 27, 1858, and went into<br />
effect on July 1, 1858.<br />
6 An easement is a non-possessory interest to use real property in possession <strong>of</strong><br />
another person for a stated purpose.<br />
7 Details available in the Report prepared for USAID/India, December 2006:<br />
"New Approaches to Land Titling and Tenure in Delhi". Report prepared for<br />
USAID/India<br />
8 “DLC rates” mean the rates determined from time to time by the District<br />
Level Committee constituted by the State Government under clause (b) <strong>of</strong><br />
sub-rule (1) <strong>of</strong> rule 2 <strong>of</strong> the Rajasthan Stamp Rules, 2004 for the purpose <strong>of</strong><br />
levying Stamp Duty on instruments.
Establishing A Title Registration System In India:<br />
Problems And Prospects<br />
21<br />
References:<br />
1. T Rouff, 1957, An Englishmen Looks at the Torrens System, Law Book Co,<br />
Sydney.<br />
2. U.S. Agency for International Development /India, 2006, "New Approaches to<br />
Land Titling and Tenure in Delhi".<br />
3. U.S. Agency for International Development / India , 2006, “A New Land Title<br />
Registration System for Delhi: Recommendations,” The <strong>Urban</strong> <strong>Institute</strong><br />
Washington D.C, April 2007<br />
4. www.landreg.gov.uk<br />
5. www.landregisteronline.gov.uk<br />
6. en.wikipedia.org/wiki
Economics <strong>of</strong> Resettling Low-income Settlements (Slums) in<br />
<strong>Urban</strong> Areas: A Case for On-site Upgrading<br />
22<br />
Economics <strong>of</strong> Resettling Low-income Settlements (Slums) in<br />
<strong>Urban</strong> Areas: A Case for On-site Upgrading<br />
1<br />
Dr. Renu Khosla<br />
Executive Summary<br />
The 'Economics <strong>of</strong> Resettlement' study measured costs and benefits <strong>of</strong> slum<br />
upgrading versus resettlement. Cities favour resettlement to pr<strong>of</strong>it from<br />
evacuated land but believe that tenure security and better living conditions under<br />
resettlement have benefits for the poor. Anti resettlement lobbies believe distances<br />
from livelihoods shock people into poverty but no conclusive evidence.<br />
The study made a cost-benefit comparison <strong>of</strong> slum resettlement in Delhi and insitu<br />
upgrading in Mumbai including all financial costs and benefits, particularly<br />
the unacknowledged social costs and benefits. It concluded that far-site<br />
resettlement was significantly more costly for residents. Whilst benefits for<br />
governments are less in upgrading, it has significantly lower costs for both cities<br />
and people. Resettlement costs from job and income losses and expenditure and<br />
debt increases have long term economic impact. Decrease in working women with<br />
disempowerment, and termination <strong>of</strong> education among children has huge<br />
implications for gender development and sustainable poverty reduction. Impacts<br />
are also likely on city environments through added transport requirements.<br />
Relocation also disturbs inner city economy through market erosion. City policy<br />
must acknowledge the critical link between resettlement and development for<br />
tenure security benefits not to be nullified. Upgrading is a win-win solution for<br />
slum development, and relocation must be conditional in essential cases.<br />
________________________________________________________________<br />
1<br />
Director, Centre for <strong>Urban</strong> and Regional Excellence. The study was conducted with<br />
financial support <strong>of</strong> the South Asia Network <strong>of</strong> Economic <strong>Institute</strong>s (SANEI) in May 2006.<br />
The following co-authors and researchers have contributed significantly to the study; Shveta<br />
Mathur, Antonia Smithies The study predates the JNNURM and the policy context is likely to<br />
have changed since the study.
23<br />
<strong>Urban</strong> India<br />
Introduction<br />
This study was designed to measure the costs and benefits <strong>of</strong> slum upgradation<br />
versus resettlement. Most cities favour resettlement, believing that the high value<br />
<strong>of</strong> evacuated land is rationale enough for resettling slum dwellers. They also<br />
believe that it creates a Win-Win situation where poor get alternate land in good<br />
quality environments and government accrues benefits from newly available land<br />
for development. Those against resettlement believe that it distances families from<br />
livelihoods and shocks them into poverty. Yet there is no conclusive evidence<br />
comparing the two approaches.<br />
The current study conducted a cost-benefit analysis <strong>of</strong> slum resettlement and in-situ<br />
upgradation in Delhi and Mumbai respectively. Through a detailed analysis <strong>of</strong> the<br />
financial costs and benefits, as well as the <strong>of</strong>ten unacknowledged social costs and<br />
benefits, the study is intended to inform slum policy and raise governments'<br />
awareness.<br />
Approaches to Slum Development<br />
Response to slum development in India has been mixed but typical; ignore,<br />
eradicate or relocate. According to Cities Alliance, ignoring existence <strong>of</strong> slums was<br />
common until the early 1970s, on the assumption that slums were unavoidable but a<br />
temporary phenomenon that would be overcome by economic growth. In India, the<br />
reality <strong>of</strong> slums was first acknowledged in the Seventh Five Year Plan (1980-85)<br />
and city master plans just saw them as blank spots <strong>of</strong> undeveloped land. By mid<br />
1980's, when this policy <strong>of</strong> disregard proved ineffective in the face <strong>of</strong> continuing<br />
slum growth, governments pursues evictions, rationalized on the grounds that freed<br />
up space was required for urban renewal and infrastructure development.<br />
Upgrading <strong>of</strong> slums is about rejuvenation <strong>of</strong> the existing community with<br />
minimum disruption and loss <strong>of</strong> physical and social assets (DFID, 2000). Typically,<br />
upgrading provides security from eviction through regularization <strong>of</strong> land tenure<br />
and improvement in existing infrastructure. Successful upgrading strengthens a<br />
community's voice and ability to transform its own conditions and brings in<br />
substantial investment from residents into housing and small business expansion.<br />
India has had several experiences with successful upgrading yet upgrading
Economics <strong>of</strong> Resettling Low-income Settlements (Slums) in<br />
<strong>Urban</strong> Areas: A Case for On-site Upgrading<br />
24<br />
solutions have not been acceptable to the government. Instead relocation is<br />
pursued, prompted by the desire to improve use <strong>of</strong> land and property on which<br />
slums are located (Cities Alliance). However, since relocation is usually to the city's<br />
edge, away from informal income opportunities <strong>of</strong> inner-city areas, such policies<br />
<strong>of</strong>ten perpetuate, rather than mitigate, conditions <strong>of</strong> poverty.<br />
Both Delhi and Mumbai have large numbers <strong>of</strong> slums housing nearly half the city's<br />
population <strong>of</strong> poor and migrants. As slums are encroachments on public land<br />
without legal land ownership rights for residents, housing here is impermanent with<br />
poor access to basic services, intolerable sanitary and health conditions,<br />
overpopulated in insecure neighbourhoods with continual threat <strong>of</strong> eviction,<br />
excluded from decisions and with enormous social and psychological burdens.<br />
Majority <strong>of</strong> slum households live below <strong>of</strong>ficial poverty lines, <strong>of</strong>ten unskilled and<br />
employed in the highly insecure informal sector. Srivastava notes that the informal<br />
sector accounts for 66.7% <strong>of</strong> total employment in Delhi and nearly the same share<br />
(68%) in Mumbai.<br />
2001 Census estimated 40.3 million slum dwellers in India, 1.85 million in Delhi<br />
and 6.2 million in Mumbai. For the same period, the Ministry <strong>of</strong> Environment<br />
estimated 4.7 million slum dwellers in Delhi living in the 1080 slums listed by the<br />
Municipal Corporation <strong>of</strong> Delhi. Official enumeration <strong>of</strong> slums in Mumbai in 1983<br />
was 1,930 settlements and recent estimates suggest that 54.7% <strong>of</strong> the city's<br />
population lives in 3.5% <strong>of</strong> its area in dense enclaves.<br />
Objectives<br />
The study was designed to:<br />
(i) Contribute to the body <strong>of</strong> research on slum resettlement in India, through<br />
comparing the costs and benefits <strong>of</strong> slum relocation and slum upgrading for all<br />
stakeholders;<br />
(ii) Make recommendations on the resettlement policy by providing concrete<br />
evidence <strong>of</strong> successes and failures.
25<br />
<strong>Urban</strong> India<br />
Sample<br />
India's two largest cities, Delhi and Mumbai, with the country's most significant<br />
slum populations were selected for the study. Also, because the two have adopted<br />
very different approaches to slum redevelopment, relocation in Delhi versus<br />
upgrading or near site resettlement in Mumbai.<br />
Delhi<br />
Three resettled and three matched non-resettled sites were selected in Delhi using<br />
the following criteria:<br />
(i)<br />
Timing <strong>of</strong> relocation; within three years <strong>of</strong> the study for clear recall and for<br />
three different time periods since the move (6months, 12-18 months, up to 36<br />
months).<br />
(ii) Distance from old settlement to new site variable (5kms, 15km, 50km) to<br />
measure intensity <strong>of</strong> economic shock; and<br />
(iii) Size <strong>of</strong> settlement medium with approximately 1000 households.<br />
Mumbai<br />
Three upgraded sites and three non-upgraded control sites were selected. Upgraded<br />
sites were randomly selected from those that were part <strong>of</strong> the Slum Redevelopment<br />
Scheme 1995. Distance, time and size criteria were inapplicable here.<br />
Primary data was collected using both quantitative and qualitative tools. Detailed<br />
household questionnaires were used for the household survey. Households in the<br />
study were selected using a stratified random sampling methodology. 15<br />
households each from 4 parts <strong>of</strong> settlement were selected. A total <strong>of</strong> 360 households<br />
in Delhi, and 300 households in Mumbai were sampled to generate our quantitative<br />
database. Qualitative data was also collected through Participatory Learning and<br />
Action (PLA) tools. Secondary Data was collected from government departments<br />
and through interviews with <strong>of</strong>ficials.
Economics <strong>of</strong> Resettling Low-income Settlements (Slums) in<br />
<strong>Urban</strong> Areas: A Case for On-site Upgrading<br />
26<br />
Table.1: Sample
27<br />
<strong>Urban</strong> India<br />
Data was used to assess the socio economic costs and benefits <strong>of</strong> relocation and<br />
upgrading using key variables <strong>of</strong> income, employment, expenditure, savings,<br />
loans, etc. Severity <strong>of</strong> consequences <strong>of</strong> resettlement was ranked using seven<br />
development pr<strong>of</strong>essionals. An ANOVA calculation was applied to the scores to<br />
test significance at the rate <strong>of</strong> p>0.001 and an index <strong>of</strong> severity developed. The<br />
index was used to find the ten worst and ten least affected households from each site<br />
to analyse differential impact <strong>of</strong> resettlement and gauge resilience for shocks.<br />
Other statistical analysis included the Gini Coefficient, Head count Index and Sen<br />
Index.<br />
A two-stage analysis was completed with the collected data. Firstly, flow diagrams<br />
were created to illustrate the general trends and outcomes under relocation and<br />
upgrading. These diagrams became the jumping <strong>of</strong>f point for discussing the impact<br />
<strong>of</strong> relocation. Secondly, a ranking exercise <strong>of</strong> the severity <strong>of</strong> different outcomes <strong>of</strong><br />
relocation was conducted using 7 development pr<strong>of</strong>essionals who allocated scores<br />
to different consequences <strong>of</strong> resettlement according to severity. Ten worst affected<br />
and ten least affected households in each site were identified and their data analysed<br />
separately to gauge the impact <strong>of</strong> vulnerability <strong>of</strong> resettlement.<br />
A financial Cost Benefit Analysis was conducted using secondary data from<br />
government budgets and primary research. The present values <strong>of</strong> the costs (PV<br />
(C)) and benefits (PV (B)) were calculated, from which the net present value (NPV<br />
= PV (B) - PV (C) and the benefit-cost ratio PV (B): PV (C) <strong>of</strong> each approach were<br />
deduced. The necessary conditions for the economic validity <strong>of</strong> the project was that<br />
the NPV is positive (NPV>0) and the BCR greater than one.<br />
Data Constraints<br />
Some critical environmental costs <strong>of</strong> relocation such as resettlement on land refill<br />
sites with high toxic elements were beyond the parameters <strong>of</strong> the present study, but<br />
are highlighted here as critical area for further study.<br />
Right to relocation was not built into the plan for investigations, on the assumption<br />
that all would be rehabilitated. However, further research has illustrated that only a<br />
small % <strong>of</strong> evicted were granted the right to relocate. This key variable was not
Economics <strong>of</strong> Resettling Low-income Settlements (Slums) in<br />
<strong>Urban</strong> Areas: A Case for On-site Upgrading<br />
28<br />
assessed during our data collection but is acknowledged within the study for further<br />
research on impact on those denied relocation rights.<br />
Study Findings<br />
1. The People<br />
Delhi: Prior to relocation, slum residents mostly worked as daily-wage labourers or<br />
in ad hoc construction work, were employed privately as sweepers, domestic<br />
workers, rickshaw pullers, vegetable vendors, etc. Post relocation households were<br />
<strong>of</strong>fered 18sqm or 12.5sqm plots <strong>of</strong> land for housing, and a mix <strong>of</strong> permanent and<br />
semi permanent structures were found on the site depending on length <strong>of</strong> stay in the<br />
relocated site. Provision <strong>of</strong> basic amenities was mostly temporary; water supplied<br />
from community hand pumps and tankers, poorly maintained community toilets,<br />
no drainage networks resulting in wastewater flows and unsanitary conditions.<br />
Facilities such as schools and health centres were under various stages <strong>of</strong><br />
construction.<br />
Mumbai: Slums in Mumbai were made up <strong>of</strong> around 350 to 400 families who lived<br />
in largely semi permanent hutments made from tin and plastic. Most residents were<br />
employed as daily wage labourers or engaged in small-scale home based activities,<br />
and women worked as domestic workers in nearby residential areas. For in situ<br />
upgrading, families were organised into a cooperative society. New housing<br />
society was within a 2 km range <strong>of</strong> a government school, hospital and local railway<br />
station, small and large markets for goods etc. Each family was provided a oneroom<br />
flat measuring 225 sq m with attached toilets. Children mostly continued in<br />
the same schools and people pursued the same livelihoods.
29<br />
<strong>Urban</strong> India<br />
Delhi<br />
Eviction<br />
Remain in slum<br />
No right to relocate<br />
Right to Relocate<br />
Move into new slum area......<br />
Keep Job 85.72% Changed Job 4.51% Lose Job 9.77%
Economics <strong>of</strong> Resettling Low-income Settlements (Slums) in<br />
<strong>Urban</strong> Areas: A Case for On-site Upgrading<br />
30<br />
Upgraded Settlements<br />
Mumbai<br />
Non-Upgraded<br />
Settlement
31<br />
<strong>Urban</strong> India<br />
2. Changes in Income, Employment Patterns and Livelihood Assets<br />
Resettled households in Delhi experienced a decrease in income <strong>of</strong> more than<br />
Rs.1000 per month compared to non resettled houses; the decrease being most<br />
significant for those who changed jobs in the new location (by Rs.1900pm) and<br />
those who lost jobs (Rs.1300pm). Surprisingly, decline in income was also found<br />
in the non-relocated sites, because families left behind were either the poorest<br />
(renters or people who opted out <strong>of</strong> resettlement because <strong>of</strong> low affordability) or<br />
d e p e n d e n t o n t h e<br />
internal economy <strong>of</strong> the<br />
settlement. In Mumbai,<br />
average household<br />
income in upgraded sites<br />
at Rs.5569 per month<br />
was 12.7% higher than<br />
the average household<br />
income <strong>of</strong> non-upgraded<br />
s i t e s . U p g r a d e d<br />
households were not<br />
only able to continue<br />
with their livelihoods,<br />
but also experienced<br />
income rises attributed<br />
to shelter security. Per<br />
capita incomes in Delhi<br />
declined between Rs277<br />
and Rs387 whereas<br />
i n c r e a s e d f o r a l l<br />
u p g r a d e d s i t e s i n<br />
M u m b a i b y<br />
R s . 7 0 0 . C h a n g e i n<br />
Employment<br />
Percentage<br />
Percentage<br />
Changes in Employment pattern after Relocation<br />
100<br />
80<br />
60<br />
40<br />
20<br />
0<br />
2<br />
5<br />
20 19<br />
77 75<br />
Seasonal Daily Wage Full time<br />
Job status<br />
Number <strong>of</strong> earning members in relocated household dropped by 1.5% and about<br />
12% lost their jobs. Upgraded households in Mumbai experienced a very marginal<br />
increase in earning members by 0.4%, suggesting that as conditions improve<br />
0<br />
1<br />
Lost job<br />
Changes in Employment after Upgradation<br />
100<br />
80<br />
60<br />
40<br />
20<br />
0<br />
0 0 3 6<br />
Seasonal<br />
Daily<br />
Wage<br />
90 94<br />
Job Status<br />
Full time<br />
0<br />
0<br />
Lost job<br />
Non-resettled<br />
Resettled<br />
Upgraded<br />
Not Upgraded
Economics <strong>of</strong> Resettling Low-income Settlements (Slums) in<br />
<strong>Urban</strong> Areas: A Case for On-site Upgrading<br />
32<br />
number <strong>of</strong> members required to work to meet household expenses may actually go<br />
down.<br />
Seasonal labour in relocated households doubled to 4.9% but daily wage work<br />
dropped due to rising distances to labour sites and fewer employment opportunities<br />
in vicinity <strong>of</strong> new neigbourhoods. Daily wage labour decreased at upgraded sites<br />
as well but was replaced by full-time employment that went up from 93.6% to<br />
96.2%.<br />
The decrease in jobs was most significant among women who were domestic<br />
workers and could not pursue work in absence <strong>of</strong> similar/suitable employment<br />
opportunities in the vicinity. Distance to old work sites, high transport costs, lack <strong>of</strong><br />
social safety nets due to an erosion <strong>of</strong> social capital in resettlement prevented<br />
women from working. In Mumbai, share <strong>of</strong> female workers however increased<br />
from 10 to over 17% from domestic work, daily wage and private sector<br />
employment.<br />
Ownership <strong>of</strong> household and livelihood assets declined following relocation.<br />
People were forced to sell assets due to payment pressure (for plot, shifting and<br />
house construction). Asset loss was most significant among those who changed<br />
jobs or became unemployed. Those who kept their jobs also held on to assets<br />
needed for the same (autos, carts etc). In Mumbai all upgraded households reported<br />
increase in assets as compared with non-upgraded sites including ownership <strong>of</strong><br />
assets <strong>of</strong> production such as auto rickshaws.<br />
3. Changes in Expenditure Patterns<br />
Changes in expenditure patterns <strong>of</strong> relocated households point to households in<br />
distress.<br />
(i) Their overall expenditures reduced by about Rs.1000 per month.<br />
(ii) Travel and health care costs increased from an average Rs.197 and Rs.123 to<br />
Rs.432 and Rs156 per month respectively. Simultaneously spending on<br />
education and food decreased from Rs.150 and Rs.1699 average per month to<br />
Rs.128 and Rs.1382 respectively.
33<br />
<strong>Urban</strong> India<br />
(iii) Gap between income and expenditure decreased and households had less to<br />
save or for emergencies as compared to non-relocated households that saved<br />
an average Rs.400 per month.<br />
(iv) Expenditures exceeded incomes by Rs.30 to Rs.170 depending on length <strong>of</strong><br />
stay in the new sites.<br />
(v) Residents who changed their jobs experienced the greatest increase in<br />
expenses at Rs.750.<br />
In Mumbai, household<br />
expenditures in all three<br />
upgraded sites increased<br />
from gentrification,<br />
e d u c a t i o n a n d<br />
e n t e r t a i n m e n t . I n<br />
particular, spending on<br />
food increased by over<br />
Rs200 over past expenses<br />
and was twice that in nonupgraded<br />
areas.<br />
Percentage<br />
80<br />
40<br />
0<br />
-40<br />
-80<br />
-120<br />
-160<br />
Changes in Household Expenditure After Relocation<br />
(%)<br />
Food<br />
Clothing<br />
Education<br />
Travel<br />
Health<br />
Items <strong>of</strong> Expenditure<br />
Electricity<br />
Festivals etc<br />
Total<br />
%<br />
change<br />
Travel costs and modal shifts in transport were the most significant changes in<br />
relocated households. Monthly travel spend increased by an average Rs.424 per<br />
month, varying by distance and 119% over and above the Rs.197 per month pre<br />
relocation. Nearly 62% resettled families reported an increase in distance to work;<br />
the furthest being over four times from 8.1 km to 35.9 km. Those who continued<br />
hawking and vending and depended on the local economy experienced no change.<br />
A modal shift in transport was also noted; from walking to work place (25%) to<br />
using the local bus (75.9%). Use <strong>of</strong> bicycles declined by 16% as work places<br />
became distant and daily wage workers reported reduced earning hours and<br />
incomes.<br />
Relocation to non slummy sites was intended to improve health. Health costs on<br />
the other hand increased among relocated households by 21% and were attributed
Economics <strong>of</strong> Resettling Low-income Settlements (Slums) in<br />
<strong>Urban</strong> Areas: A Case for On-site Upgrading<br />
34<br />
to ineffective water and sanitation services. Although, there was no change in<br />
access to public health services, that to government hospitals and NGO managed<br />
services decreased because <strong>of</strong> distance, increasing poor people's dependence on<br />
private doctors and health costs.<br />
Average monthly household savings <strong>of</strong> relocated households not only decreased<br />
from Rs392 to Rs250 but were nearly Rs200 less when compared with Rs596 in<br />
non-relocated households. Percent saving also dropped by half, from 6.91% to<br />
3.47%. In Mumbai, 6% more households in upgraded sites (28%) saved when<br />
compared with non-upgraded households (22%).<br />
Table. 2: Population seeking credit in Delhi sites<br />
Relocation also loaded families with additional costs for plot, shifting and<br />
rebuilding unlike in Mumbai where housing was free for which families (75%)<br />
reported borrowing from friends, relatives or private informal financial<br />
intermediaries (38%) at exorbitant interest rates. Relocation thus pushed<br />
households into a debt and poverty trap, however, moneylenders were still the<br />
preferred option as they were easy to access, required little or no paper work, had no<br />
loan ceilings and demanded no collateral. Monthly loans interest was estimated at<br />
Rs.470.<br />
As incomes decline, families have two options; first to reduce household<br />
expenditure. As expenditure on vital items such as food is already low, any further<br />
reduction can only lead to malnutrition and disease. Malnourishment in turn<br />
reduces work participation. The second option is to meet the income deficit<br />
through borrowing, typically from moneylenders at high interest rates. With poor<br />
assets and depleted savings, households slip into debt traps as was seen in Delhi<br />
where households compensated first by lowering expenditure on food and<br />
education and later by increasing borrowings.
35<br />
<strong>Urban</strong> India<br />
4. Future compromised<br />
Relocation has adversely impacted schooling. As schools were still under<br />
construction and non-functional at the time <strong>of</strong> shifting, and children had to choose<br />
between returning to old schools or join a private neighbourhood school. Drop out<br />
rates more than doubled from 17.9% to 51.1% because <strong>of</strong> distance, reluctance<br />
among children to change schools and among parents to send children far away.<br />
Children were also needed at home to supplement incomes. Surprisingly drop out<br />
rates increased for non-resettled families as well as NGO-managed schools shut<br />
down. Non-resettled<br />
f a m i l i e s b e i n g<br />
among the poorest<br />
possibly has children<br />
out <strong>of</strong> school in the<br />
first place. In<br />
Mumbai, drop out<br />
rates declined from<br />
19.7% in upgraded<br />
as against 13.3% in<br />
non-upgraded sites.<br />
Percentage<br />
80<br />
60<br />
40<br />
20<br />
0<br />
Reasons Given for Dropping Out <strong>of</strong> School<br />
School is Too Far Away Children Don't Want to<br />
go to New School<br />
Social capital eroded for relocated families, increasing their sense <strong>of</strong> insecurity<br />
(from 3% to 40%). Women were reluctant to leave children unattended in the new<br />
sites with new neighbours. In Mumbai, social capital not only remained intact but<br />
actually improved as residents got organized into cooperatives to facilitate<br />
upgrading.<br />
4. Little Improvement in Access to Physical Infrastructure<br />
Children Needed to<br />
Supplement Family<br />
Income<br />
Access to housing and basic services continued to be poor post relocation,<br />
neutralizing the development benefits <strong>of</strong> tenurial security and tenability.
Economics <strong>of</strong> Resettling Low-income Settlements (Slums) in<br />
<strong>Urban</strong> Areas: A Case for On-site Upgrading<br />
36<br />
Table 3: Type <strong>of</strong> Housing in Mumbai and Delhi<br />
Housing improvements were measured on the basis <strong>of</strong> construction material using<br />
Census <strong>of</strong> India parameters. Temporary housing increased from 87% in nonresettled<br />
to 96% in resettled sites. All upgraded households in Mumbai experienced<br />
remarkable changes in housing conditions; permanent structures with in the house<br />
basic amenities as compared with just 55% in non upgraded areas. Unlike in<br />
upgrading, resettlement expects households to fend for themselves and those<br />
without resources to rebuild, experience reduction in housing quality. As house<br />
leases were issued just for 10 years, the threat <strong>of</strong> eviction persisted. Upgraded<br />
housing in Mumbai has attracted 1.5% more renters than non-upgraded sites,<br />
raising the spectre <strong>of</strong> gentrification and displacement <strong>of</strong> the poor.<br />
Despite legal ownership, none <strong>of</strong> the relocated households had access to piped<br />
water supply or toilets at home whereas nearly 25% in non-relocated sites had<br />
illegal water supply extensions from network supplies. Covered drainage reached<br />
just a small part <strong>of</strong> the settlement (5%) with slum like conditions starting to develop<br />
here. Non-relocated sites on the other hand had full drainage outreach; covered<br />
(25%) and uncovered (75%). In Mumbai, all upgraded households had in the house<br />
piped water supply and toilets. Resettled households were provided community<br />
t o i l e t s a n d n o<br />
underground sewerage<br />
for personal toilets on the<br />
assumption that plot sizes<br />
were too small for toilets.<br />
Solid waste collection<br />
services were also not<br />
available to resettled<br />
sites, but were reported<br />
by over 50% in old sites.<br />
Percentage<br />
80<br />
60<br />
40<br />
20<br />
0<br />
Water and Sanitation Provisions in Delhi<br />
Piped<br />
Water<br />
Supply<br />
Covered<br />
Drains<br />
Open<br />
Drains<br />
No<br />
drains<br />
Resettled<br />
Not Resettled
37<br />
<strong>Urban</strong> India<br />
5. Who is most vulnerable<br />
Households worst affected by relocation were those poor to start with and less<br />
equipped to deal with the socio-economic shock. As per the Tenth Five Year Plan,<br />
the urban poor can be classified into three groups: Core poor, Intermediate poor and<br />
Transitional Poor. Based on the Planning Commission's estimated urban poverty<br />
lines for 1999-2000 (Maharashtra: Rs.539.71 per capita per month, Delhi:<br />
Rs.505.45 per capita per month) households were classified by current incomes.<br />
The worst affected households were found to be in the 'intermediate poor' category<br />
(average per capita monthly income, Rs.489.80) and least affected in the<br />
transitional or non-poor group (average per capita monthly income, Rs.599.80).<br />
Table 4: Households below poverty line in selected sites in Delhi and Mumbai<br />
Poverty based on the vulnerability classification was found to have deepened.<br />
Compared to non-relocated sites, the change was 10%. In Mumbai, poverty<br />
reduced significantly following upgrading; the core poor reducing by over half, and<br />
the intermediate poor declining dramatically from 13.85%to 3.89%; an overall<br />
10% decline in incidence <strong>of</strong> poverty. Average monthly income in worst affected<br />
households dropped by 3.3% (at Rs2365) but remained constant for least affected<br />
families at Rs.3475. Primary earner and sometimes the second earner too, in the<br />
former lost his/her job, and reported 42 days <strong>of</strong> unemployment on relocation as<br />
compared to nil in the least affected families. Reasons for this was the low human<br />
capital, fewer years <strong>of</strong> schooling, slim savings because <strong>of</strong> low incomes, low asset
Economics <strong>of</strong> Resettling Low-income Settlements (Slums) in<br />
<strong>Urban</strong> Areas: A Case for On-site Upgrading<br />
38<br />
ownership and inadequate skills to manage in new environments. Coping<br />
strategies included sale <strong>of</strong> assets among the worst affected and withdrawal <strong>of</strong><br />
children from school among least affected (12%) to supplement income, possible<br />
reason for their income status quo. This finding has long term implications on<br />
income from less educated children.<br />
The Sen Index <strong>of</strong> poverty was used to measure the incidence and intensity <strong>of</strong><br />
poverty within the group through the use <strong>of</strong> the Head Count Index and Gini<br />
Coefficient, and supported the above findings.<br />
The Head Count Index calculates the ratio <strong>of</strong> people living below the poverty<br />
line where a value <strong>of</strong> zero indicates non-poor and a value <strong>of</strong> one indicates<br />
poverty. Measures <strong>of</strong> Head Count Index suggest that poverty in upgraded<br />
households <strong>of</strong> Mumbai had declined significantly whereas for Delhi it had<br />
deepened following relocation.<br />
The Gini coefficient highlighted that not only had poverty increased amongst<br />
relocated households, but so had income inequality, which was found to be<br />
higher than in the non-relocated sites. In Mumbai too, increases in incomes <strong>of</strong><br />
upgraded households were commensurate with increases in inequality and<br />
there was the probability <strong>of</strong> some households having actually got poorer<br />
following upgrading as house ownership meant additional expenditure on<br />
services which were previously free, and payments for building maintenance<br />
charges etc.<br />
Table 5: Results <strong>of</strong> Sen Index for Delhi and Mumbai data
39<br />
<strong>Urban</strong> India<br />
Costs and Benefits <strong>of</strong> Resettlement<br />
1. Benefits <strong>of</strong> Relocation<br />
Perceived benefit <strong>of</strong> resettlement for local government is the economic value <strong>of</strong><br />
evacuated land for development purpose, which in turn generates employment and<br />
economic growth. Benefits for resettled families are from legal tenure. In on-site<br />
upgrading, benefits for residents include increased income and employment<br />
opportunities, as well as legal tenure status. In the cost-benefit analysis, three major<br />
benefits were calculated for far-site relocation:<br />
(i) Land value <strong>of</strong> evacuated site for commercial/developmental use;<br />
(ii) Revenue flow in terms <strong>of</strong> net taxes and charges to the city managers;<br />
(iii) Employment generated from the development projects in the evacuated sites.<br />
The main benefits for on-site upgradation were<br />
(i) Increased income to households;<br />
(ii) Self-investment by families reducing investments by government on<br />
relocation projects.<br />
Land value <strong>of</strong> evacuated site: The land values <strong>of</strong> evacuated sites were estimated.<br />
Prior to relocation households were occupying an estimated 21.7sq.m. area but got<br />
18 sq. m or 12.5 sq. m plots <strong>of</strong> the 50 sq.m. per household designed in the<br />
resettlement scheme, the balance being used for roads, parks, common services,<br />
etc. Costs for resettlement have therefore been estimated at 50sq.mts. Average<br />
number <strong>of</strong> households relocated in Delhi in 1999-2000 and 2003-04 was an<br />
estimated 7868 per year. The land value <strong>of</strong> the evacuated areas as per real estate<br />
estimates is very high as these are prime areas in the city and estimated at<br />
Rs.21531.08 per sq. m (Rs.21.53Crore/hectare). For a single relocated household,<br />
the value <strong>of</strong> evacuated land is Rs.467,000 (i.e.Rs.21531.08/sq.m * 21.7 sq. m).<br />
Net taxes and charges: The evacuated land can be successfully commercialised<br />
with revenue to the city in terms <strong>of</strong> taxes and charges for civic amenities. It is<br />
assumed that one percent <strong>of</strong> land value <strong>of</strong> evacuated land can be generated as net<br />
taxes and charges from development projects. This has been estimated as Rs.4670<br />
per hectare.
Economics <strong>of</strong> Resettling Low-income Settlements (Slums) in<br />
<strong>Urban</strong> Areas: A Case for On-site Upgrading<br />
40<br />
Employment Generation: Development projects on evacuated land can provide<br />
employment opportunities. It is assumed that about 200 people can get employment<br />
from one hectare <strong>of</strong> evacuated land from suitable development projects or<br />
commercial activities. The income generated from such activities has been<br />
estimated as Rs.600,000 per hectare per year. From the evacuated land <strong>of</strong> one<br />
relocated household this income is about Rs.10,890 per year.<br />
2. Benefits <strong>of</strong> Upgrading<br />
Household incomes in Mumbai had increased by an average 12.7%. If resettlement<br />
in Delhi had been through onsite upgrading it is assumed that household incomes<br />
would have increased in the same proportion. The average household income <strong>of</strong><br />
non-relocated households in Delhi was estimated as Rs.3674.6 per month and<br />
expected to increase by Rs.466.67 per month per household, or approximately<br />
Rs.5600 per household per year if upgraded.<br />
Table. 6: Estimated benefits <strong>of</strong> relocation for one household in Delhi<br />
3. Costs <strong>of</strong> Resettlement<br />
The cost <strong>of</strong> resettlement is <strong>of</strong>ten underestimated and excludes social costs and those<br />
incurred by each relocated household as also the impact <strong>of</strong> displacement on the city<br />
economy. In this study, costs <strong>of</strong> resettlement were estimated for government and<br />
residents to understand the economic viability <strong>of</strong> relocation given below.
41<br />
<strong>Urban</strong> India<br />
Table 7: Estimated Cost <strong>of</strong> Relocation <strong>of</strong> selected items for one household<br />
in Delhi (at 2004 prices)<br />
Cost <strong>of</strong> procurement <strong>of</strong> land for relocation: Land for relocation is usually<br />
purchased at sites far away from the city centres, where it is cheaper. Average land<br />
value was estimated as Rs.8.36 crores per hectare or Rs 418,000 per relocated<br />
family at 50sq.m.<br />
Civic amenities: Delhi's resettlement plan provides Rs.10,000 per plot for civic<br />
amenities, land owing agencies contribute Rs.29,000 per plot for 18 sq.mt and<br />
Rs.20,000 for 12.5 sq.mt; contributions from beneficiaries is fixed at Rs5000 for<br />
both sizes. Total spending on amenities for 18 and 12.5 sq.m plots is Rs.44,000 and<br />
Rs.35,000 respectively. From <strong>of</strong>ficial information, cost for civic amenities was<br />
estimated at Rs.40,000 per household.<br />
Other costs: Other costs in the cost-benefit analysis are summarized in table 8 and<br />
include mainly income and expenditure analysis <strong>of</strong> households. The non-recurring<br />
cost for house and related relocation costs such as shifting costs, etc. has been<br />
calculated as Rs.68445 per household. The cost <strong>of</strong> providing a bus service was<br />
estimated at Rs.2628 per household per year at Rs.30 per km and a minimum 4 trips
Economics <strong>of</strong> Resettling Low-income Settlements (Slums) in<br />
<strong>Urban</strong> Areas: A Case for On-site Upgrading<br />
42<br />
are assumed. Losses per month per household from lower Incomes are estimated as<br />
Rs.1182.5, additional travel as Rs.226.9, additional health care at Rs.33 and loss <strong>of</strong><br />
savings at Rs.142.79. Further, it is likely that relocation costs will be higher than<br />
presented in this analysis as we were unable to acquire data for costs such as<br />
administration, consultation and area surveys, compensation or resettlement cost<br />
(costs that should be paid to residents to resettle).<br />
4. Cost-Benefit Analysis<br />
A cost-benefit analysis was applied to costs and benefits above. Two scenarios were<br />
considered:<br />
Scenario I: Resettlement with relocation and utilizing evacuated land for<br />
development/ commercial purposes.<br />
Scenario II: Resettlement with onsite upgrading on 60% land, utilizing the<br />
remaining 40% for development/commercial purposes.<br />
Benefits and costs were estimated /projected over a period <strong>of</strong> 10 years starting from<br />
2004. The present values <strong>of</strong> costs and benefits were worked out with the real<br />
interest rate <strong>of</strong> 8 per cent, the difference between the social discount rate (12%) and<br />
the rate <strong>of</strong> inflation (4%). The Net Present Value (NPV) and Benefit Cost Ratio<br />
(BCR) were calculated to determine the economic viability <strong>of</strong> the resettlement<br />
project. In order for a particular scenario to be economically viable, the NPV is<br />
required to be positive (i.e. NPV >0) and the BCR greater than one (BCR >1).<br />
For far-site relocation the present value <strong>of</strong> benefits was calculated at Rs.5,80,000<br />
per household, and the cost at Rs.10,16,000 per household, giving a NPV <strong>of</strong> 4.35<br />
and BCR 0.57. This suggests that relocation is not an economically viable option.<br />
In the case <strong>of</strong> onsite upgrading, the present value <strong>of</strong> benefits was Rs.2,69,000 per<br />
household and costs were Rs.2,57,000 per households, giving a positive NPV <strong>of</strong><br />
0.51 and a BCR <strong>of</strong> 1.24. This suggests this option is a more economically viable<br />
approach.
43<br />
<strong>Urban</strong> India<br />
Table 8: Case I: Benefit-cost Analysis <strong>of</strong> relocation with development project in the evacuated site.
Economics <strong>of</strong> Resettling Low-income Settlements (Slums) in<br />
<strong>Urban</strong> Areas: A Case for On-site Upgrading<br />
44<br />
Table 9: Case II: BCA with the option <strong>of</strong> onsite up-gradation <strong>of</strong> resettlement in Delhi.
45<br />
<strong>Urban</strong> India<br />
Table 10: Cost-Benefit Analysis <strong>of</strong> Resettlement options<br />
Note: Present values are estimated at 8 percent real interest rate for a period <strong>of</strong> 10 years<br />
{Real Interest rate (8%)= Social Discount rate (12%)-Rate <strong>of</strong> Inflation (4%)}
Economics <strong>of</strong> Resettling Low-income Settlements (Slums) in<br />
<strong>Urban</strong> Areas: A Case for On-site Upgrading<br />
46<br />
Conclusions<br />
Far site resettlement is significantly more costly for residents than on-site<br />
upgrading. Whilst benefits for government authorities are less in upgrading<br />
schemes, the significantly lower costs for government and residents in this make<br />
this a preferable option. The cost <strong>of</strong> resettlement was very high for residents and<br />
resulted in loss <strong>of</strong> jobs, decreases in income, increases in expenditures, loss <strong>of</strong><br />
assets and termination <strong>of</strong> education; invisible costs that will impact city economy in<br />
the long term.<br />
Poor employment opportunities in resettlement areas, particularly among women,<br />
are high. Minimal requirements for continuation <strong>of</strong> work among women after<br />
resettlement (travel, safety, child care) had led to a decrease in the proportion <strong>of</strong><br />
women working with possible disempowerment. This has huge long term<br />
implications in a gender-biased society and among the poor.<br />
Reduction in full time employment in resettled areas or loss <strong>of</strong> jobs, substantial<br />
increases in travel expenses from increased distance to work sites, severe mismatch<br />
between skills and employment opportunities mean tremendous hardships for<br />
families which require minimum <strong>of</strong> 5 years to overcome. The significant impact is<br />
on environment through increases in use <strong>of</strong> personal vehicles and extensions <strong>of</strong><br />
transport networks to far away areas.<br />
Relocation also leaves a void in the inner city areas and affects the city economy as<br />
informal services and daily wages get more expensive. Demand draws new<br />
slumdwellers into vacated areas and or resettled families to move back into other<br />
slums. The failure <strong>of</strong> the policy to acknowledge the critical link between slum<br />
dwellers and the informal sector, upon which the city economy relies, is inherent in<br />
the shortcomings <strong>of</strong> resettlement policy. Successful slum development plans must<br />
link housing with employment arrangements. Increased spending on health from<br />
inadequate water and sanitation services, malnutrition and non-availability <strong>of</strong><br />
government health services suggests that benefits <strong>of</strong> tenure security may in fact be<br />
nullified.<br />
Negative impact on education with a 50% increase in drop out rates so that children
47<br />
<strong>Urban</strong> India<br />
could supplement family incomes when contrasted with better school attendance at<br />
upgraded Mumbai sites has long term implications; <strong>of</strong> low human capital<br />
development among the poorest and their ability to break the poverty cycle. The<br />
consequences <strong>of</strong> resettlement are felt more so by those who remain behind. Credit<br />
from private moneylenders pushes households into poverty and debt traps, and the<br />
informal nature <strong>of</strong> private money-lending arrangements can dis-inherit the poor<br />
through unrealistic debt repayment schedules.<br />
Upgrading is a win-win option for the local government and households.<br />
Governments at the national, state and city level need to recognize the benefit <strong>of</strong><br />
upgrading and ensure that this is the primary option for slum development.<br />
Relocation should be conditional and undertaken only if absolutely essential and<br />
city renewal should not be seen as a valid reason for relocation.
Economics <strong>of</strong> Resettling Low-income Settlements (Slums) in<br />
<strong>Urban</strong> Areas: A Case for On-site Upgrading<br />
48<br />
Bibliography<br />
1) CURE-DJB-WSP, 2005, Draft Report on Status <strong>of</strong> water and sanitation<br />
services in urban poor communities <strong>of</strong> Delhi.<br />
2) Delhi Development Authority, 1990, Perspective Master Plan for Delhi 2001,<br />
New Delhi.<br />
3) Delhi Development Authority, 2000, Report <strong>of</strong> the Sub-Group on Population<br />
Projections and Demographic Pr<strong>of</strong>ile for Preparation <strong>of</strong> Master Plan for<br />
Delhi - 2021, New Delhi.<br />
4) Government <strong>of</strong> India, 2001, Poverty Estimates for 1999-2000, Press<br />
Information Bureau, 22 February: New Delhi.<br />
5) Government <strong>of</strong> India, 1997, White paper on Pollution in Delhi, Ministry <strong>of</strong><br />
Environment and Forests.<br />
6) Government <strong>of</strong> <strong>National</strong> Capital Territory <strong>of</strong> Delhi, 1997, Problems and Issues<br />
Relating to Rehabilitation <strong>of</strong> Slum Dwellers in Delhi, Report <strong>of</strong> the Expert<br />
Group: New Delhi.<br />
7) Jhabvala, R, 1997, Employment and Income in the Unorganised Sector:<br />
Implications for policy. In R. Sudarshan (Ed.). Gender Employment and<br />
Health: Perspectives from India and Sri Lanka. pp. 31-61, <strong>National</strong> Applied<br />
Economic Research: New Delhi.<br />
8) Khosla, R, 2003, Community Women Leaders in the <strong>Urban</strong> Basic Services for<br />
the Poor Programme: an Empirical Study, PhD Dissertation,<br />
9) Khosla, R, 2000, Women and Sanitation: The <strong>Urban</strong> Reality, Experiences <strong>of</strong><br />
Government Programmes, NGOs and CBOs, Social Change: Issues and<br />
Perspectives, Journal <strong>of</strong> the Council for Social Development, Vol.30, No.1&2,<br />
192-207.<br />
10) Kundu, A, and Sharma, A.N. 2001, Informal Sector in India. <strong>Institute</strong> for<br />
Human Development and <strong>Institute</strong> for Applied Manpower research, New<br />
Delhi.<br />
11) Kundu, A, 1994, Employment- Poverty Linkage in <strong>Urban</strong> Areas, Centre for the<br />
Study <strong>of</strong> Regional development, JNU, ARTEP/ILO.<br />
12) Ministry <strong>of</strong> <strong>Urban</strong> Development, 2001, Reducing <strong>Urban</strong> Poverty in India,<br />
NIUA , New Delhi.<br />
13) Mitra, A, Growth and Employment Relations, <strong>National</strong> Seminar on Economic<br />
Reforms and Employment in Indian Economy
49<br />
<strong>Urban</strong> India<br />
14) Municipal Corporation <strong>of</strong> Delhi, Study <strong>of</strong> Socio-Economic Survey <strong>of</strong> the<br />
Slum Dwellers in 19 JJ Clusters covered under the Survey <strong>of</strong> Shalimar Bagh<br />
Constituency, New Delhi<br />
15) Natarajan, K.S. Population Projections for <strong>National</strong> Capital Region 1996-<br />
2021, New Delhi<br />
16) <strong>National</strong> Capital Region Planning Board, 1999, Delhi 1999 - A Fact Sheet,<br />
New Delhi.<br />
17) <strong>National</strong> Sample Survey Organisation, 2000, Non-Agricultural Enterprises in<br />
the Informal Sector in India, 1999-2000, (NSS 55th Round), New Delhi.<br />
18) Roy, D, 2000, Sanjha Manch, Hazard Centre, New Delhi.<br />
19) Sastry, N.S. 2002, Preservation Of Micro Data On Informal Economy At<br />
<strong>National</strong> Level: Case Study Of India , Paper presented during International<br />
Labour Conference, Geneva.<br />
20) Sparc, 1985, We the invisible: A census <strong>of</strong> pavement dwellers, Mumbai.<br />
21) Srivastava, Rahul. “The informal sector and urban poverty” [Online]<br />
Available, January 2005
Fiscal Performance <strong>of</strong> Civic Bodies: The Greater<br />
Mumbai Perspective<br />
50<br />
Fiscal Performance <strong>of</strong> Civic Bodies: The Greater<br />
Mumbai Perspective<br />
Anita Rath<br />
Abstract<br />
th<br />
74 Constitutional Amendment Act has widened the functional domain <strong>of</strong> civic<br />
bodies. However, their fiscal duress has not been eased out and the intergovernmental<br />
fiscal framework continues to gravitate towards higher level <strong>of</strong><br />
governments. Fiscal divide <strong>of</strong> the cities, wherein some rely heavily on intergovernmental<br />
transfers while others enjoy comfortable fiscal position, is quite<br />
conspicuous. In this context, it is pertinent to review the fiscal nuances <strong>of</strong><br />
Municipal Corporation <strong>of</strong> Greater Mumbai (MCGM), which belongs to the latter<br />
cohort. MCGM is the largest civic body in the country whose fiscal magnitude<br />
even exceeds that <strong>of</strong> some states in India. MCGM relies completely on its own<br />
sources <strong>of</strong> revenue and demonstrates fiscal surplus in its accounts. However, there<br />
are issues with its apparent fiscal composure. It has access to a forbidden source <strong>of</strong><br />
revenue, the octroi, and there is perpetual negligence <strong>of</strong> capital expenditure. This<br />
paper underscores key issues related to the finances <strong>of</strong> MCGM.<br />
________________________________________________________________<br />
Civic finance in India remains a matter <strong>of</strong> concern. It assumes significance as on the<br />
one hand, the pace and pattern <strong>of</strong> urbanization is unprecedented while on the other,<br />
there is absence <strong>of</strong> any well defined arrangement for the devolution <strong>of</strong> funds to civic<br />
bodies. The fiscal divide <strong>of</strong> the civic bodies is quite conspicuous in such a scenario.<br />
Not only is there vertical inequity in terms <strong>of</strong> larger and smaller bodies having very<br />
different level <strong>of</strong> fiscal autonomy, but also horizontal inequity remains a<br />
contemporary reality, wherein civic bodies <strong>of</strong> similar size confront different fiscal<br />
situation. There could be a host <strong>of</strong> factors contributing to the relative fiscal<br />
autonomy <strong>of</strong> these civic bodies. Not much is also known about the fiscal behavior<br />
<strong>of</strong> civic bodies. A study <strong>of</strong> civic finance, which can provide useful insights on these<br />
issues, is greatly constrained by the non-availability <strong>of</strong> reliable information. In such<br />
a scenario, case studies <strong>of</strong> certain local bodies which stand out in terms <strong>of</strong> their
51 <strong>Urban</strong> India<br />
fiscal position would be useful. The Municipal Corporation <strong>of</strong> Greater Mumbai<br />
(MCGM) <strong>of</strong>fers an interesting case for study from this perspective.<br />
At the outset, some stylized facts about the fiscal situation <strong>of</strong> MCGM are presented.<br />
MCGM is the largest local body in terms <strong>of</strong> its fiscal score. As per the Budget<br />
Statement <strong>of</strong> the current financial year 2009-10, its total expenditure is Rs. 20,000<br />
crores (budget estimates, excluding that <strong>of</strong> Brihanmumbai Electric Supply and<br />
Transport-BEST, a subsidiary <strong>of</strong> MCGM). Again, MCGM's revenue income<br />
constitutes almost two-thirds <strong>of</strong> the total revenue income <strong>of</strong> all Municipal<br />
1<br />
Corporations in the state. Interestingly, its fiscal magnitude also surpasses that <strong>of</strong><br />
2<br />
some <strong>of</strong> the states in India. Its per capita revenue income exceeds that <strong>of</strong> the state,<br />
i.e. Maharashtra. It is worth reckoning that MCGM maintains this high fiscal<br />
pr<strong>of</strong>ile through mainly its own sources <strong>of</strong> revenue.<br />
There are issues with the finances <strong>of</strong> MCGM despite this apparent fiscal composure<br />
as indicated by an earlier study (Rath, 2008). The current paper considers these<br />
issues by extending the scope <strong>of</strong> the analysis and by incorporating the latest<br />
information. The scheme <strong>of</strong> presentation <strong>of</strong> the paper is as follows. An orientation<br />
to the structure <strong>of</strong> MCGM's budget and its fiscal pr<strong>of</strong>ile is attempted in the first<br />
section. Subsequently, major fiscal indicators <strong>of</strong> the Corporation are analysed. This<br />
constitutes a discussion on revenue effort, fiscal balance, fiscal marksmanship, and<br />
fiscal autonomy. Final observations are outlined in the last section.<br />
I<br />
Structure <strong>of</strong> the Budget and Basic Fiscal Pr<strong>of</strong>ile<br />
MCGM initiated the processes <strong>of</strong> budgetary reform in 2005 for converting the Cash<br />
Based Double Entry Accounting System into Accrual Based Double Entry<br />
Accounting System in accordance with the principles, procedures and formats<br />
specified in the <strong>National</strong> Municipal Accounts Manual as circulated by the<br />
Government <strong>of</strong> India, and as per the guidelines issued by the Comptroller and<br />
Accountant General. Budget statements for MCGM since 2007-08 have adopted<br />
this new format. MCGM also presents outcome-based budget estimates now,<br />
indicating the physical outcomes expected out <strong>of</strong> various budgetary provisions.<br />
MCGM has also taken some initiatives for gender budgeting in recent years. Due to
Fiscal Performance <strong>of</strong> Civic Bodies: The Greater<br />
Mumbai Perspective<br />
52<br />
all these changes, Outline <strong>of</strong> Civic Finance, one <strong>of</strong> the key financial documents <strong>of</strong><br />
MCGM, has been discontinued since 2006-07 and the Budget Document remains<br />
the sole source <strong>of</strong> information on the finances <strong>of</strong> the Corporation since 2007-08.<br />
An orientation to various sub-budgets <strong>of</strong> MCGM is in order prior to any<br />
deliberation on its fiscal situation. The overall budget <strong>of</strong> MCGM is divided into six<br />
sub-budgets. Though, all individual budgets are not self contained and there are<br />
inter-budget flows, there is segregation <strong>of</strong> important functional domain. These subbudgets<br />
are Budget A (General Administration), B (Improvement Schemes), E<br />
(Education Fund), G (Water and Sewerage), C (Brihanmumbai Electric Supply and<br />
Transport B.E.S.T.) and Tree Authority Budget (T.A.). Table 1 reveals the fiscal<br />
details <strong>of</strong> these sub-budgets. This paper considers all budgets except the budget <strong>of</strong><br />
BEST (C) for the analysis. This selection seems appropriate due to two reasons.<br />
Firstly, BEST is almost a separate entity and its budget is prepared and presented<br />
independently. Secondly, supply <strong>of</strong> electricity and provision <strong>of</strong> transport facility<br />
are not the common functional domain <strong>of</strong> other local bodies and thus, this selection<br />
facilitates a comparison <strong>of</strong> the fiscal performance <strong>of</strong> MCGM with other<br />
Corporations.<br />
Significance <strong>of</strong> various sub-budgets in the total expenditure <strong>of</strong> the Corporation can<br />
be deciphered from Table 2. Figure 1A provides the graphical exposition <strong>of</strong> the<br />
inter-budget comparison <strong>of</strong> the fiscal share. It shows that Budget A and C have<br />
almost equal share (around 40%) in total expenditure and G accounts for around<br />
one-eighth. Education fund (E) has an expenditure <strong>of</strong> 7 per cent in the total. Budget<br />
B and T.A. jointly account for around 2 per cent <strong>of</strong> the total allocation. As regards<br />
the capital expenditure, Budget A and G account for around 40 per cent each in the<br />
total capital expenses incurred by MCGM during this period. Around 12 per cent is<br />
spent by B.E.S.T. towards its capital expenses. Figure 1 shows the comparative<br />
position <strong>of</strong> sub-budgets excluding BEST, which suggests that the share <strong>of</strong> Budget A<br />
is almost two-third <strong>of</strong> the total revenue expenditure <strong>of</strong> the rest. Thus, Budget A, G<br />
and C are important in terms <strong>of</strong> their share in the overall fiscal scenario <strong>of</strong> MCGM.<br />
An analysis <strong>of</strong> sources <strong>of</strong> revenue income <strong>of</strong> the Corporation for the period 2002-03<br />
to 2006-07, indicates that octroi is the single most important source <strong>of</strong> revenue<br />
income. On an average, around 45 per cent <strong>of</strong> the total income accrues from octroi
53 <strong>Urban</strong> India<br />
(Table 3). Property tax contributes to 13 to 14 per cent (excluding G-Budget taxes<br />
like water and Sewerage taxes which are levied on property tax base for properties<br />
without water meter). Water and sewerage tariff and taxes contribute to around a<br />
quarter <strong>of</strong> the total revenue income.<br />
It is worthwhile to note here that the G-Budget gets around 50 per cent <strong>of</strong> its income<br />
from charges as per meter reading, 30 to 35 per cent from taxes and 10 to 15 per cent<br />
from miscellaneous sources. The tax component is levied on the rateable value, the<br />
base <strong>of</strong> property tax. Thus, the total contribution from property tax (exclusive <strong>of</strong><br />
government taxes) is around 25 per cent. This suggests that the two major sources<br />
<strong>of</strong> revenue, i.e. octroi and property tax, jointly contribute more than two-third <strong>of</strong> the<br />
total revenue income <strong>of</strong> the Corporation. Annual growth rate <strong>of</strong> property tax is the<br />
same as that <strong>of</strong> total revenue income during this period (12.5%) while the growth<br />
rate <strong>of</strong> octroi is higher (13.5%).<br />
A similar analysis for capital accounts (for A, B, E and G budgets and for the same<br />
five year period) reveals that around 80 per cent accrue from transfers from revenue<br />
account and less than 5 per cent are raised through loans. The share contributed<br />
from the revenue account is much higher in case <strong>of</strong> G-budget (90%).<br />
MCGM is involved in a wide array <strong>of</strong> civic functions. An activity-wise break up <strong>of</strong><br />
the revenue expenditure (average for recent three years: 2001-02 to 2003-04)<br />
shows that the major heads <strong>of</strong> expenditure are water and sewerage activities,<br />
management <strong>of</strong> solid waste and storm water drains, and the social sector. Education<br />
and health jointly account for around a quarter <strong>of</strong> the total revenue expenditure.<br />
Expenditure on water and sewerage constitute around 20 per cent <strong>of</strong> the total.<br />
Expenses on solid waste management and storm water drains jointly involve more<br />
than 10 per cent <strong>of</strong> the total expenditure.<br />
It is important to discern the share <strong>of</strong> employee cost and debt charges in the total<br />
expenditure. Expenditure on wages and debt charges (excluding Budget C), on an<br />
average, constitute 50 per cent and 11 per cent <strong>of</strong> total revenue expenditure<br />
respectively during 2002-03 to 2004-05 (see Figure 2). Thus, less than two-fifth <strong>of</strong><br />
the total revenue expenditure is actually spent on operation and maintenance. It is<br />
worthwhile to mention here that the wage bill for Budget E is the highest with
Fiscal Performance <strong>of</strong> Civic Bodies: The Greater<br />
Mumbai Perspective<br />
54<br />
almost three-fourth <strong>of</strong> the total expenditure spent on employees. In case <strong>of</strong> Budgets<br />
A and C it is around 50 per cent and 25 per cent respectively. Around 50 per cent is<br />
allocated for employee cost and debt charges in case <strong>of</strong> Budget G. Table 4, which<br />
presents a different break up <strong>of</strong> revenue expenditure for the period 2002-03 to<br />
2006-07, reveals that total establishment expenditure is around 53 per cent and the<br />
actual maintenance expenditure is about 15 per cent.<br />
II<br />
Fiscal Prudence<br />
This section analyses the overall fiscal performance <strong>of</strong> the Corporation. Various<br />
measures considered here are revenue effort, fiscal balance, fiscal marksmanship<br />
and fiscal autonomy. Revenue effort indicates how successful MCGM has been in<br />
raising revenue proportionate to the economic progress <strong>of</strong> the region. The fiscal<br />
balance measures unravel the fiscal solvency <strong>of</strong> the Corporation as per various<br />
accounting procedures. Fiscal marksmanship, the third indicator, reveals the<br />
transparency and effectiveness <strong>of</strong> budget preparation exercise by way <strong>of</strong> showing<br />
the gap between the budgeted and actual figures. Finally, a discussion on fiscal<br />
autonomy <strong>of</strong> MCGM underscores some issues with its major revenue instruments.<br />
2. 1 Revenue Effort<br />
MCGM's revenue income has kept pace with the changing economic scenario <strong>of</strong><br />
the district. A comparison between the revenue proceeds <strong>of</strong> the MCGM and the Net<br />
District Domestic Product (NDDP) <strong>of</strong> Greater Mumbai makes this fact apparent.<br />
The revenue receipt <strong>of</strong> MCGM was 5.6 per cent <strong>of</strong> NDDP <strong>of</strong> Greater Mumbai in<br />
3<br />
1993-94. It has now improved to become 8.5 per cent in 2006-07 (see Figure 3) . In<br />
the first 7 years up until 1999-2000 this share, on an average, has only been 5.8 per<br />
cent, however, in the subsequent 7 year period it has gone up to 8 per cent. During<br />
1993-94 to 2006-07, NDDP <strong>of</strong> Greater Mumbai grew at an annual trend rate <strong>of</strong> 8.7<br />
per cent where as the revenue income <strong>of</strong> the Corporation (exclusive <strong>of</strong> C) grew at<br />
12.4 per cent. Thus, the pace <strong>of</strong> growth <strong>of</strong> revenue income <strong>of</strong> the Corporation is<br />
faster than that <strong>of</strong> NDDP. This is also reflected in the elasticity <strong>of</strong> the revenue<br />
income <strong>of</strong> MCGM with respect to NDDP during this period, which is 1.36.
55 <strong>Urban</strong> India<br />
A perusal <strong>of</strong> Figure 3, however, reveals that the growing percentage <strong>of</strong> MCGM's<br />
revenue in NDDP has not been quite steady over the reference period. There is an<br />
upward shift in the trend in the year 2000-01, when MCGM's revenue as a<br />
percentage <strong>of</strong> NDDP was the highest (8.6%). Almost 60 per cent <strong>of</strong> this increase in<br />
the revenue receipts over the previous year is due to the increase in the proceeds<br />
from the octroi (40%) and property tax (20%). Hike in the rates <strong>of</strong> both property tax<br />
and the octroi during this period has contributed mainly to this increased returns.<br />
2.2 Fiscal Balance<br />
Different deficit indicators are used here to decipher the fiscal health <strong>of</strong> the<br />
Corporation. These are revenue, conventional and fiscal deficit. Revenue Deficit<br />
indicates the hiatus between receipts and expenditures in the revenue accounts.<br />
Conventional deficit is the overall surplus or deficit and equals the difference<br />
between total expenditure and total receipts (both revenue and capital). Fiscal<br />
deficit indicates the gap between total expenditure (revenue and capital) and the<br />
total <strong>of</strong> revenue receipts and other non-debt creating receipts (capital receipts net <strong>of</strong><br />
debt). Table 5 presents detailed information in this regard for the period 1991-92 to<br />
2006-07. It can be observed that MCGM maintains surplus in its revenue account<br />
all through except for one year. It also has conventional surplus in 13 out <strong>of</strong> this 16<br />
year period. However, as per the fiscal deficit measure, one finds deficits in the first<br />
nine years and surplus subsequently (see Figure 4). It reveals that the debt<br />
component constitutes an important part <strong>of</strong> the capital account till 2001-02 (80%),<br />
however, in the next five year period the reliance on debt for capital account is quite<br />
low (14%).<br />
Municipal investment expenditures are crucial in shaping the infrastructure <strong>of</strong> the<br />
city. It is more than 40 per cent <strong>of</strong> the total municipal expenditure in countries like<br />
Portugal, Slovenia and Czech Republic, and more than 30 per cent in case <strong>of</strong><br />
Switzerland, Slovakia and Ireland (Bailey, 1999). For a megalopolis like Greater<br />
Mumbai, the crucial role <strong>of</strong> the Corporation's investment expenditure needs no<br />
emphasis. The state <strong>of</strong> capital expenditure <strong>of</strong> MCGM has been a major concern as<br />
revealed in the earlier work which considered 13 year period from 1991-92 to 2003-<br />
04 (Rath, 2008). It noted that growth rate <strong>of</strong> the per capita capital expenditure (real)<br />
was virtually zero during this period. The share <strong>of</strong> capital expenditure in total
Fiscal Performance <strong>of</strong> Civic Bodies: The Greater<br />
Mumbai Perspective<br />
56<br />
expenditure was consistently falling and on an average, more than two-fifths <strong>of</strong> the<br />
budgeted capital expenditure was never spent. Here, the analysis is extended by<br />
including latest three years and thus it pertains to 16 year period from 1991-1992 to<br />
2006-07. The capital expenditure has got some boost in the last two years. It can be<br />
noticed from Table 5 that the annual change in capital expenditure in 2005-06 and<br />
2006-07 over the previous years has been around 70 and 45 per cent respectively.<br />
The growth <strong>of</strong> per capita expenditure in current prices (1991-92 to 2006-07)<br />
presented in Figure 5 reveals that after a long stagnancy in capital expenditure it has<br />
only now taken an upward movement since 2005-06. This is reflected in the slightly<br />
higher growth rate <strong>of</strong> capital expenditure during this 16 year period. It can be<br />
observed from Table 5 that the annual trend growth rate <strong>of</strong> revenue and capital<br />
expenditure in current prices are 12.2 and 10.2 per cent respectively during this<br />
period. After accounting for the escalation in cost <strong>of</strong> living indices and the growing<br />
population, annual trend growth rate in per capita (real) revenue and capital<br />
expenditure are 4.0 and 1.9 per cent respectively.<br />
The share <strong>of</strong> capital expenditure in total, which has been declining consistently, has<br />
shown some positive improvement in the last two years. This trend is explicit in the<br />
Figure 6. Capital expenditure was 24.3% <strong>of</strong> the total expenditure in 1991-92. Since<br />
then it has been declining continuously and became 12.5 per cent in 2004-05. The<br />
capital expenditure has picked up since 2005-06 and its share in total expenditure is<br />
22 per cent in 2006-07. Despite these positive trends, severe pruning <strong>of</strong> the<br />
budgeted capital expenditure has been happening undeterred as would be revealed<br />
in the subsequent discussion.<br />
2.4 Fiscal Marksmanship<br />
Another indicator <strong>of</strong> fiscal prudence, the fiscal marksmanship, demonstrates how<br />
far the budgeted targets are actually realized. It shows the transparency as well as<br />
effectiveness <strong>of</strong> the budget preparation exercise (see Karnik, 2002). The relevant<br />
information in this regard is furnished in the Table 6.<br />
In case <strong>of</strong> revenue expenditure, it can be observed that the gaps are very much<br />
within limits except for 2000-01 and 2001-02 (see Fig 7). However, in case <strong>of</strong><br />
capital accounts one observes a huge gap between the actual and the budgeted
57 <strong>Urban</strong> India<br />
figures (see Fig 8). From the Table 3 it can be deciphered that the gap between the<br />
two is not only huge but also it is increasing. It shows that almost half <strong>of</strong> the total<br />
budgeted capital expenditure during this ten year period is never incurred.<br />
It is important to note that there would have been deficits in all the years during the<br />
reference period (1997-98 to 2006-07) had the budgeted capital expenditure were<br />
actually incurred. There is fiscal surplus on the aggregate during this ten year<br />
period. If the budgeted capital expenditure were actually incurred there would have<br />
been a fiscal deficit to the tune <strong>of</strong> 10 per cent <strong>of</strong> the total expenditure as against a<br />
surplus <strong>of</strong> 6 per cent during this period.<br />
2.4 Fiscal Autonomy<br />
Fiscal autonomy <strong>of</strong> the civic bodies are greatly circumscribed by the access to<br />
productive own sources <strong>of</strong> revenue. Bahl and Linn (1992) in their comprehensive<br />
work on urban finance observe, “[C] changes in locally raised resources determine<br />
the ability <strong>of</strong> an urban government to expand its services. Where locally raised<br />
revenues fare badly, urban government expenditure suffers, where they do well,<br />
urban expenditure thrives” (p. 43). MCGM is doing well on this front as almost cent<br />
per cent <strong>of</strong> its revenue are self-generated. As can be found from the Table 3 that<br />
MCGM's reliance on the grants is limited to around 2 to 3 per cent <strong>of</strong> its total<br />
revenue income.<br />
MCGM demonstrates a case <strong>of</strong> high fiscal autonomy. However, there are<br />
contentious issues associated with its major revenue sources. It is raising almost a<br />
half <strong>of</strong> its revenue income from octroi, which is one <strong>of</strong> the most contentious taxes <strong>of</strong><br />
the local bodies. Being the economic capital <strong>of</strong> the country and a mega<br />
consumption centre, octroi remains a perennial source <strong>of</strong> revenue in a city like<br />
Greater Mumbai. The state has abolished it in the municipal councils and have<br />
announced for its abolition in 15 municipal Corporations. MCGM has somehow<br />
successfully managed to maintain the status quo. The fiscal autonomy <strong>of</strong> the city<br />
would seriously suffer in its absence, a danger which always hovers around with the<br />
talk <strong>of</strong> its abolition time and again (see Rath, 2009).<br />
Rental value based property tax system in Greater Mumbai is shrouded in
Fiscal Performance <strong>of</strong> Civic Bodies: The Greater<br />
Mumbai Perspective<br />
58<br />
controversies. The property tax rates for residential and non-residential properties<br />
in Greater Mumbai (without water meter) are as high as 187.5 per cent and 320.5<br />
per cent respectively. The base <strong>of</strong> the property tax remains non-buoyant as most <strong>of</strong><br />
the properties in the main city are under the Rent Control Act and the reassessment<br />
<strong>of</strong> other existing properties is quite infrequent. By imposing high tax rates and<br />
construction activities, the Corporation has successfully managed to utilize<br />
property tax as a residual source <strong>of</strong> revenue despite the frozen base. However,<br />
issues related equity and efficiency <strong>of</strong> the system are paramount (see Karnik et al.,<br />
2004). The inequity <strong>of</strong> the system has actually perpetuated by the Corporation's<br />
effectiveness in extracting revenue by raising tax rates beyond any limits. Inequity<br />
in the property tax system, subjectivity <strong>of</strong> assessment and lack <strong>of</strong> periodic revision<br />
<strong>of</strong> the base are certainly issues that warrant immediate attention.<br />
Greater perspicacity is needed in identifying fiscal instruments for local bodies.<br />
Federalism is known to facilitate experimentation <strong>of</strong> innovative practices and that<br />
is how 'laboratory federalism' has become the part <strong>of</strong> the vocabulary (Osborne,<br />
1988; Oates, 1999). Locating other fiscal avenues like expansion <strong>of</strong> scope <strong>of</strong> user<br />
charges and bringing about fiscal reforms are the options which MCGM need to<br />
explore.<br />
III<br />
Concluding Observations<br />
MCGM has a comfortable fiscal position as demonstrated by its complete reliance<br />
on own sources <strong>of</strong> revenue, fiscal surpluses in its accounts, and the higher pace <strong>of</strong><br />
growth <strong>of</strong> its income vis-à-vis the NDDP <strong>of</strong> Greater Mumbai. However, a matter <strong>of</strong><br />
serious concern is the state <strong>of</strong> its capital expenditure. Barring the last two years in<br />
the reference period, i.e. 2005-06 and 2006-07, the pace <strong>of</strong> growth <strong>of</strong> per capita<br />
capital expenditure in the last 14 year period has been negligible and there has been<br />
a steep fall in the share <strong>of</strong> capital expenditure in the total expenditure. Moreover,<br />
hardly half <strong>of</strong> the budgeted capital expenditure was actually spent during 1997-98<br />
to 2006-07. The surpluses in MCGM's accounts would have vanished and there<br />
would have been deficits to the tune <strong>of</strong> 10 per cent <strong>of</strong> total expenditure during this<br />
reference period had the budgeted capital expenditure were actually spent.
59 <strong>Urban</strong> India<br />
A perusal <strong>of</strong> major sources <strong>of</strong> revenue <strong>of</strong> MCGM suggests that it continues with the<br />
old, archaic system following the adage 'an old tax is a good tax'. Octroi, the<br />
controversial source <strong>of</strong> revenue which has been abolished across the country,<br />
certainly is the sole reason for its fiscal comfort. Despite several clarion calls for its<br />
abolition, MCGM has no plan for its easy phase out; rather significant investment<br />
has gone into strengthening the octroi system in recent years. Property tax, the other<br />
major source <strong>of</strong> income, provides residual revenue to the Corporation. However,<br />
there are serious issues regarding the equity and efficiency aspects <strong>of</strong> the property<br />
tax system. Thus, MCGM's finances do not demonstrate a case <strong>of</strong> good economic<br />
logic.<br />
A discussion on the finances <strong>of</strong> civic bodies can not ignore their expenditure<br />
pr<strong>of</strong>ile, especially when, governments are driven by leviathan motive and invest in<br />
many pork barrel projects. Hopefully, budgetary reforms initiated now would<br />
render this largest civic body more fiscally responsive.<br />
The analysis <strong>of</strong> the finances <strong>of</strong> MCGM provides some important insights into the<br />
issues <strong>of</strong> civic finance, which are not parochial. It underscores the aspect <strong>of</strong><br />
political economy <strong>of</strong> fiscal federalism influencing the relative fiscal status <strong>of</strong> civic<br />
bodies. It also raises concerns about the fiscal responsibility <strong>of</strong> these local bodies.
Fiscal Performance <strong>of</strong> Civic Bodies: The Greater<br />
Mumbai Perspective<br />
60<br />
Endnote:<br />
1 Calculated from the information provided in Handbook <strong>of</strong> Basic Statistics <strong>of</strong><br />
Maharashtra State, 2000, Directorate <strong>of</strong> Economics and Statistics,<br />
Maharashtra<br />
2 The revenue expenditure <strong>of</strong> MCGM was Rs. 7120 crs in 2007-08 (Exclusive <strong>of</strong><br />
the Budget <strong>of</strong> BEST-Brihanmumbai Electric Supply and Transport). It exceeds<br />
the revenue expenditure <strong>of</strong> 9 states for that year.. These states are Arunachal<br />
Pradesh, Goa, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and<br />
Uttaranchal. Its total expenditure (inclusive <strong>of</strong> capital) exceeds that <strong>of</strong> four<br />
states: Goa, Manipur, Nagaland and Sikkim (Source: MCGM for Expenditure<br />
<strong>of</strong> MCGM; RBI, 2008 for state level expenditure- revised figures).<br />
3 Information on the NDDP was collected from Directorate <strong>of</strong> economics and<br />
Statistics, Government <strong>of</strong> Maharashtra. NDDP figures are as per 1999-2000<br />
series; these figures are provisional for the period 1999-00 to 2005-06 and<br />
preliminary for the years 2006-07.
61 <strong>Urban</strong> India<br />
References<br />
Bahl, R. W. and Linn, J.F. (1992), <strong>Urban</strong> Public Finance in Developing Countries,<br />
Oxford University Press, New York.<br />
Bailey, Stephen J. (1999), Local Government Economics: Principles and Practice,<br />
Macmillan Press Ltd, Hampshire and London.<br />
GOM (Government <strong>of</strong> Maharashtra), (Various Years), District Domestic Product <strong>of</strong><br />
Maharashtra, Directorate <strong>of</strong> Economics and Statistics, Mumbai.<br />
GOM (Government <strong>of</strong> Maharashtra), (Various Years), Economic Survey <strong>of</strong><br />
Maharashtra, Directorate <strong>of</strong> Economics and Statistics, Mumbai.<br />
Karnik, Ajit (2002), Ready for Second Generation Reforms An Evaluation <strong>of</strong><br />
Progress Made by Maharashtra, in: <strong>Institute</strong> <strong>of</strong> Applied Manpower Research, ed.,<br />
Reform and Employment, Concept, New Delhi.<br />
Karnik, Ajit; Rath, Anita and Sharma, J.C. (2004), Reforming Property Tax<br />
System: Simulated Results for Mumbai City, Economic and Political Weekly, Vol.<br />
XXXIX, No. 34, 3818-26.<br />
MCGM (Municipal Corporation <strong>of</strong> Greater Mumbai), (Various Years), Outline <strong>of</strong><br />
Civic Finance, MCGM, Mumbai.<br />
Oates, W.E. (1999), An Essay on Fiscal Federalism, Journal <strong>of</strong> Economic<br />
Literature, Vol. XXXVII, 1120-1149.<br />
Osborne, David (1988), Laboratories <strong>of</strong> Democracy, Harvard Business School<br />
Press, Boston.<br />
Rath, Anita (2008), City Governments and Fiscal Responsibility: A Study <strong>of</strong><br />
Greater Mumbai, Occasional Paper <strong>of</strong> Bombay Geographical Association, No. 3,<br />
13-24.
Fiscal Performance <strong>of</strong> Civic Bodies: The Greater<br />
Mumbai Perspective<br />
62<br />
………….. (2009), Octroi-A Tax in a Time Warp: What its Removal Implies for<br />
Greater Mumbai, Economic and Political Weekly, Vol. XLIV, No.25, 86-93.<br />
RBI (2005), State Finances A Study <strong>of</strong> Budgets, Reserve Bank <strong>of</strong> India, Mumbai.<br />
Tables<br />
Table 1: Fiscal Details <strong>of</strong> various Sub-Budgets <strong>of</strong> MCGM<br />
Source: Compilation based on Information provided in MCGM,<br />
Outline <strong>of</strong> Civic Finance<br />
Table 2: Comparative Budget-wise Fiscal Position: 2001-02 to 2004-05<br />
(Excluding Inter-budget contributions)<br />
Source: MCGM, Outline <strong>of</strong> Civic Finance, Various Years
63 <strong>Urban</strong> India<br />
Table 3: Sources <strong>of</strong> Revenue Income<br />
(Budget A,B,E & G- Excluding Inter-budget Contributions)<br />
(Rs. in Crores)<br />
Source: Budget Section, MCGM<br />
Table 4: Major Heads <strong>of</strong> Revenue Expenditure<br />
(Budget A,B,E & G- Excluding Inter-budget Contributions)<br />
(Rs. in Crores)<br />
Note: *Also includes Administrative Expenditure<br />
Source: Budget Section, MCGM
Fiscal Performance <strong>of</strong> Civic Bodies: The Greater<br />
Mumbai Perspective<br />
64<br />
Table 5: Major Fiscal Indicators <strong>of</strong> MCGM: 1991-92 to 2006-07 (Actual; Exclusive <strong>of</strong> Budget C)<br />
(Rs. in crores)<br />
Notes: $Excludes inter-budget contributions.<br />
* Capital receipts and capital expenditures are for Budgets A, B, E and G; T.A has no capital account. Capital Receipts include receipts from the revenue accounts.<br />
# Growth rates (annual trend) are calculated for the period 1991-92 to 2006-07. Figures in parentheses represent the growth rate <strong>of</strong> the relevant series in real terms. The<br />
Consumer Price Index for <strong>Urban</strong> Non Manual Employees (CPINM) is used for converting these series in constant prices <strong>of</strong> 1991-92. Information on CPINM was<br />
collected from GoM, Economic Survey <strong>of</strong> Maharshtra, Various Years.<br />
1. Revenue Deficit is the difference between revenue expenditure and revenue receipts<br />
2. Conventional Deficit is the overall surplus or deficit and equals the difference between total expenditure (revenue and capital) and total receipts (revenue and capital)<br />
3. Fiscal Deficit is the difference between total expenditure (revenue and capital) and the aggregation <strong>of</strong> revenue receipts and other non-debt creating receipts (capital<br />
receipts net <strong>of</strong> debt); the loan component for Budget A and G are only considered for calculating the fiscal deficit for 1991-92 to 1995-96, hence, deficit could be on the<br />
lower side; for other years it includes the loan component for all 4 budgets.<br />
4. Positive sign indicates surplus; Negative sign indicates deficits<br />
Source: MCGM, Outline <strong>of</strong> Civic Finance, Various Years (up to 2004-05); Budget Documents and Information from Budget Section, MCGM for 2005-06 and 2006-07.
65 <strong>Urban</strong> India<br />
Table 6: Fiscal Marksmanship*#<br />
Notes: *Exclusive <strong>of</strong> Budget C and in case <strong>of</strong> capital expenditure it is for A, B, E and G<br />
as T.A. has no capital account; # Difference between actual and budget estimate as a<br />
percentage <strong>of</strong> budget estimate; Source: Same as Table 5.<br />
Figures<br />
C<br />
38%
Fiscal Performance <strong>of</strong> Civic Bodies: The Greater<br />
Mumbai Perspective<br />
66
67 <strong>Urban</strong> India
Fiscal Performance <strong>of</strong> Civic Bodies: The Greater<br />
Mumbai Perspective<br />
68
69 <strong>Urban</strong> India<br />
Endnotes :<br />
1. Calculated from the information provided in Handbook <strong>of</strong> Basic Statistics <strong>of</strong><br />
Maharashtra State, 2000, Directorate <strong>of</strong> Economics and Statistics,<br />
Maharashtra.<br />
2. The revenue expenditure <strong>of</strong> MCGM was Rs. 7120 crs in 2007-08 (Exclusive <strong>of</strong><br />
the Budget <strong>of</strong> BEST-Brihanmumbai Electric Supply and Transport). It exceeds<br />
the revenue expenditure <strong>of</strong> 9 states for that year.. These states are Arunachal<br />
Pradesh, Goa, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and<br />
Uttaranchal. Its total expenditure (inclusive <strong>of</strong> capital) exceeds that <strong>of</strong> four<br />
states: Goa, Manipur, Nagaland and Sikkim (Source: MCGM for Expenditure<br />
<strong>of</strong> MCGM; RBI, 2008 for state level expenditure- revised figures).<br />
3. Information on the NDDP was collected from Directorate <strong>of</strong> economics and<br />
Statistics, Government <strong>of</strong> Maharashtra. NDDP figures are as per 1999-2000<br />
series; these figures are provisional for the period 1999-00 to 2005-06 and<br />
preliminary for the years 2006-07.
Security <strong>of</strong> Tenure <strong>of</strong> <strong>Urban</strong> Poor Settlements:<br />
Trends and Experiences<br />
70<br />
Security <strong>of</strong> Tenure <strong>of</strong> <strong>Urban</strong> Poor Settlements:<br />
Trends and Experiences<br />
Natraj Kranthi<br />
Doctoral Research Scholar, Jawaharlal Nehru Architecture & Fine Arts<br />
University, Masab Tank, Hyderabad.<br />
Kavita Daryani Rao<br />
Director <strong>of</strong> Evaluation i/c, Jawaharlal Nehru Architecture & Fine Arts<br />
University, Masab Tank, Hyderabad.<br />
Abstract<br />
This paper is a scholastic attempt to comprehend the international and national<br />
trends and experiences <strong>of</strong> tenure security pertaining to urban poor settlements. It<br />
explores and reviews different approaches adopted across different countries<br />
around the world in diverse conditions. Besides, it discusses the strategies and<br />
results <strong>of</strong> these approaches. The paper presents a critical review <strong>of</strong> nine<br />
international cases including Cambodia, Sao Paulo-Brazil, Recife-Brazil,<br />
Thailand, Philippines, Namibia, Indonesia, Peru and Kenya; and five national<br />
cases including Kolkata, Ahmedabad, Mumbai, Delhi and Hyderabad. Further, it<br />
identifies the best practices and summarizes them into four broad categories which<br />
include (1). Tenure security against eviction by force, (2). Incremental and flexible<br />
approaches, (3). Collaborative and participatory approaches, and (4).<br />
Regularization.<br />
________________________________________________________________<br />
1.0 INTRODUCTION<br />
Security <strong>of</strong> tenure, especially in the context <strong>of</strong> the urban poor, has been defined and<br />
interpreted in a number <strong>of</strong> ways the world over by various international<br />
organizations, as it involves a variety <strong>of</strong> related issues attached to it. According to<br />
the UNCHS, tenure security is defined as, (i) protection against eviction; (ii) the<br />
possibility <strong>of</strong> selling, and transferring rights through inheritance; (iii) the
71<br />
<strong>Urban</strong> India<br />
possibility... (<strong>of</strong> having a)... mortgage, and access to credit under certain<br />
conditions (UNCHS, 1997).<br />
During UN-HABITAT Expert Group Meeting on <strong>Urban</strong> Indicators in October<br />
2002, secure tenure was defined as: the right <strong>of</strong> all individuals and groups to<br />
effective protection by the state against forced evictions. UN-HABITAT regards<br />
security <strong>of</strong> tenure as a strategic entry point rather than as a panacea to poverty<br />
reduction. In practical terms for the individual slum dweller, security <strong>of</strong> tenure<br />
translates into a degree <strong>of</strong> certainty that can motivate investment <strong>of</strong> own resources<br />
for the purpose <strong>of</strong> improving shelter and services. In some cases, a certificate <strong>of</strong><br />
right or temporary occupancy can serve as an instrument for making claims on<br />
public resources or negotiating with state authorities for access to basic services.<br />
Secure tenure may also legitimize land or structures on that land as forms <strong>of</strong><br />
collateral for credit, and therefore investment (UN-Habitat, 2002).<br />
2.0 SECURITY OF TENURE: INTERNATIONAL TRENDS<br />
In 1990s, tenure security in urban areas has emerged as one <strong>of</strong> the challenges in<br />
urban land management and has been identified as one <strong>of</strong> the major issues<br />
concerning the urban poor. Land tenure issues and access to land for the urban poor<br />
were first initiated in the Second United Nations Conference on Human<br />
Settlements during 3-14 June 1996 in Istanbul (Durand et al, 2002). Prior to this,<br />
the focus was more on tenure regularization than on tenure security. The decade <strong>of</strong><br />
1990s witnessed a number <strong>of</strong> research initiatives towards issues concerning<br />
security <strong>of</strong> tenure.<br />
The emphasis on security <strong>of</strong> tenure increased after the Habitat II preparatory<br />
conference on 'Access to Land and Security <strong>of</strong> Tenure as a Condition for<br />
Sustainable Shelter and <strong>Urban</strong> Development', held in New Delhi in 1996 (UNCHS,<br />
1996). It was this conference that laid down the founding principles for tenure<br />
security and access to land and also emphasized upon providing security <strong>of</strong> tenure<br />
to inhabitants <strong>of</strong> irregular settlements, slums, shack dwellers and precarious living<br />
environments. Following this UNCHS launched Global Campaign for Secure<br />
Tenure with an overall development objective to improve the conditions <strong>of</strong> people<br />
living and <strong>of</strong>ten working in slum areas and informal settlements in major urban
Security <strong>of</strong> Tenure <strong>of</strong> <strong>Urban</strong> Poor Settlements:<br />
Trends and Experiences<br />
72<br />
centers <strong>of</strong> the world by promoting security <strong>of</strong> their residential tenure and a direct<br />
contribution to the realization <strong>of</strong> the commitments <strong>of</strong> the Millennium Declaration,<br />
specifically, the goal <strong>of</strong> Improving the lives <strong>of</strong> 100 million slum dwellers by the year<br />
2020. UN-Habitat has been launching the Campaign in cities and countries all over<br />
the world since January 2000<br />
3.0 SECURITY OF TENURE: INTERNATIONAL EXPERIENCES<br />
While tenure is perceived and interpreted differently in different countries, broadly<br />
it <strong>of</strong>ten involves partial or full rights to land. Consequently, approaches vary<br />
depending on the degree <strong>of</strong> access to land. A number <strong>of</strong> formal and informal tenure<br />
structures exist which are <strong>of</strong>ten dependent on the legality or recognition by the<br />
concerned administrative authority or the government.<br />
The UN-Habitat generalizes the most common tenure systems which include<br />
freehold, leases, provisional or conditional tenure and group tenure arrangements<br />
(UN-Habitat, 2003). The following cases illustrate the results <strong>of</strong> various innovative<br />
approaches adopted by different countries to provide security <strong>of</strong> tenure for the<br />
urban poor:<br />
3.1 Phnom Penh, Cambodia<br />
Land Sharing was used as the upgrading and a compromise technique to resolve<br />
land disputes between land occupants and private or public landowners or<br />
developers, who want the land (back) for redevelopment. The results were mixed<br />
and it met with varied degree <strong>of</strong> success (Paul, 2005).<br />
3.2 Sao Paulo, Brazil<br />
The 2004 Housing Rights Protector Award was awarded to the Municipality <strong>of</strong> Sao<br />
Paulo, Brazil for its innovative Bairro Legal (Legal Neighbourhood) Programme,<br />
an initiative providing security <strong>of</strong> tenure and improved living conditions for<br />
hundreds <strong>of</strong> thousands <strong>of</strong> its residents. The programme assisted 45,000 families to<br />
obtain legal title to their land, thereby safeguarding them from the threat <strong>of</strong> forced<br />
evictions, and improved living conditions <strong>of</strong> more than 210,000 people through<br />
infrastructure improvement (COHRE, 2004).
73<br />
<strong>Urban</strong> India<br />
3.3 Recife, Brazil<br />
The Concession <strong>of</strong> the Real Right to Use (CRRU) land has stimulated the<br />
1<br />
regularisation <strong>of</strong> favelas on public land, or in selected private areas and was based<br />
on the notion that public land should not, and need not, be privatised for the<br />
recognition <strong>of</strong> housing rights to take place. Settlements granted with CRRU have<br />
gained physical improvements from private and public investment in housing and<br />
infrastructure, and increasingly take on the appearance <strong>of</strong> working class<br />
neighborhoods physically integrated with the adjacent areas (World Bank, 2003).<br />
3.4 Bangkok, Thailand<br />
Bangkok's land rental system illustrates how poor communities legitimately<br />
occupy land in locations which would otherwise be far too expensive for them, but<br />
which also puts unused land to socially and economically efficient use. Different<br />
tenure arrangements provided different levels <strong>of</strong> security and allowed more than a<br />
million people to find access to land and housing (Mohit, 2001).<br />
3.5 Philippines<br />
The Community Mortgage Program (CMP), a program to facilitate access by lowincome<br />
groups to land and credit, is the fruit <strong>of</strong> collaboration between communitybased<br />
organizations, non-governmental organizations and the government. Social<br />
organizations find land for sale on the private market, they develop their proposal<br />
and gain access to credit. NGOs have significantly contributed to the evolution <strong>of</strong><br />
this program benefiting more than 90,000 families. The programme increased in<br />
scale although doubts are being raised about its capacity to reach the poorest<br />
families (Fernandez, 1997).<br />
3.6 Namibia<br />
The Shack Dwellers' Federation <strong>of</strong> Namibia adopted a Progressive Policy that<br />
supports incremental development with legal land tenure. Some success in<br />
Windhoek with policy that <strong>of</strong>fers the urban poor the option to secure tenure through<br />
sales <strong>of</strong> blocks (multiple plots) to communities that are then responsible for
Security <strong>of</strong> Tenure <strong>of</strong> <strong>Urban</strong> Poor Settlements:<br />
Trends and Experiences<br />
74<br />
upgrading the sites, including transforming communal toilets and water points to<br />
individual household connections (Muller, 2000).<br />
3.7 Indonesia<br />
The national Kampung Improvement Programme (KIP) is a government led<br />
flexible approach towards recognition <strong>of</strong> Kampungs. Lack <strong>of</strong> basic services in<br />
2<br />
kampungs created serious social problems and posed threat to public life. KIP was<br />
introduced with the help <strong>of</strong> the World Bank to upgrade kampungs through the<br />
provision <strong>of</strong> access roads, basic infrastructure and communal facilities, such as<br />
schools and health clinics. The results <strong>of</strong> implementation <strong>of</strong> KIP generated massive<br />
individual and collective improvements which improved public health and<br />
particularly stimulated local economic activity (Payne 2001). KIP in Jakarta, alone,<br />
has improved more than 500 kampungs and provided basic services to about 3.8<br />
million people (urban.wikia.com).<br />
3.8 Lima, Nazca and Arequipa, Peru<br />
The government <strong>of</strong> Peru modified its longstanding policy under the <strong>Urban</strong> Poverty<br />
Rights Project <strong>of</strong> repressing extralegal settlement on state land and private property<br />
and improper use <strong>of</strong> agricultural land for urban development, accepting these<br />
3<br />
developments as inevitable. COFOPRI is the agency in charge <strong>of</strong> the design and<br />
implementation <strong>of</strong> a massive Land Tenure Regularization Program. Land tenure<br />
regularization <strong>of</strong> 450 human settlements, which means 368,887 plots in urban<br />
settlements had been registered at the <strong>Urban</strong> Property Registry. Individual Land<br />
Tenure regularization and delivery <strong>of</strong> 265,433 titles to the qualified house holders<br />
(Yi Yang, 1999).<br />
3.9 Voi Town, Kenya<br />
Community Land Trusts (CLT) concept is that land tenure is not with the individual<br />
but with the community (Jaffer, 1996). This enables protection from land grabbing<br />
<strong>of</strong> open spaces and social facilities. A wide range <strong>of</strong> building types have evolved,<br />
ranging from modest two-room structures built <strong>of</strong> sun dried bricks, to substantial<br />
doublestorey houses built <strong>of</strong> concrete blocks.
75<br />
<strong>Urban</strong> India<br />
4.0 SECURITY OF TENURE: NATIONAL TRENDS<br />
As per the Census <strong>of</strong> India 2001, 42.6 million population live in slums. This<br />
constitutes 15 per cent <strong>of</strong> the total urban population <strong>of</strong> the country which is quite<br />
alarming. In order to improve the condition <strong>of</strong> slums, the government over the years<br />
has undertaken a number <strong>of</strong> measures, including the legitimization <strong>of</strong> irregular land<br />
occupation and as well as the provision <strong>of</strong> basic services to the informal<br />
settlements. The government <strong>of</strong> India laid emphasis and argued in favour <strong>of</strong><br />
securing tenure for the urban poor. Until 1970s, there was no particular mention and<br />
major focus on secure tenure for the urban poor in any <strong>of</strong> the policy documents.<br />
However, the model Slum Areas (Improvement and Clearance) Act <strong>of</strong> 1956<br />
provided secure tenure indirectly by notifying areas as slums although tenure<br />
regularization is not a part <strong>of</strong> the Act. This implied that slum cannot be evicted<br />
without the approval <strong>of</strong> the competent authority. It was in the year 1972,<br />
Environmental Improvement <strong>of</strong> <strong>Urban</strong> Slums (EIUS) Scheme was launched for<br />
providing basic services in the notified slums under the Slum Act 1956. It was<br />
jointly funded by the central and the state governments. Indirectly, this scheme also<br />
provided security for slums from eviction for a period <strong>of</strong> ten years as one <strong>of</strong> the<br />
criteria for funding was to obtain a certificate from the municipality declaring that<br />
the slum would not be evicted for atleast ten years. During 1980s and 1990s,<br />
security <strong>of</strong> tenure has been the subject <strong>of</strong> attention in India after a report in 1983 by<br />
the task force recommended legal tenure for slums (GOI, 1983). This was evident<br />
in the policies and also was reflected in the five year plans. A number <strong>of</strong> these failed<br />
to compliment each other and were implemented in isolation. All the policies and<br />
programmes were short termed and were not designed for a long term approach.<br />
The <strong>National</strong> Slum Policy, 2001 can be considered as one <strong>of</strong> the most historical<br />
steps towards the provision <strong>of</strong> tenure and provision <strong>of</strong> basic services in slums.<br />
However the policy is still in its draft stage and has not yet come into effect. It<br />
advocates provision <strong>of</strong> minimum basic services for all households irrespective <strong>of</strong><br />
land tenure or occupancy status. It also advocated the granting <strong>of</strong> tenure on all<br />
government tenable lands, including resettlement or rehabilitated sites. Tenure<br />
shall be granted to all residents on all the tenable land sites owned or acquired by<br />
the government. Proper tenure rights shall be granted on resettlement or<br />
rehabilitated sites (GOI, 2001). Further, importance is given to security <strong>of</strong> tenure
Security <strong>of</strong> Tenure <strong>of</strong> <strong>Urban</strong> Poor Settlements:<br />
Trends and Experiences<br />
76<br />
by including it as one <strong>of</strong> the objectives <strong>of</strong> the Jawaharlal Nehru <strong>Urban</strong> Renewal<br />
Mission (JNNURM). Provision <strong>of</strong> basic services to the urban poor including<br />
security <strong>of</strong> tenure at affordable prices, improved housing, water supply and<br />
sanitation, and ensuring delivery <strong>of</strong> other existing universal services <strong>of</strong> the<br />
government for education, health and social security (GOI, 2005).<br />
5.0 SECURITY OF TENURE: NATIONAL EXPERIENCES<br />
In India, different types <strong>of</strong> tenure systems were adopted by different state<br />
governments depending upon the different sizes <strong>of</strong> urban centres and differences in<br />
policies. Tenure is provided in the form <strong>of</strong> patta under the Patta Act 1984. This act<br />
has been one <strong>of</strong> the most imperative steps towards provision <strong>of</strong> tenure to urban poor<br />
settlements in India. Under the act, pattas were provided to the landless poor in<br />
urban areas and leasehold rights were issued to all persons occupying up to 50 sq.m<br />
<strong>of</strong> land for residential use.<br />
In Madhya Pradesh, about 15,000 pattas were issued to squatters on government<br />
land. While in Bhopal about 20,000 lease documents were granted to the poor<br />
households (Banerjee, 1994). Around 150,000 households were given pattas (in the<br />
form <strong>of</strong> lease-cum sale deed) in Tamil Nadu. During 1980 to 1998 about 9.5 million<br />
households in urban Andhra Pradesh have benefited from tenure regularization<br />
(Banerjee, 2002).<br />
Criticisms <strong>of</strong> Patta Act 1984 - The act was criticized for not including planning and<br />
urban development regulations which in turn failed to provide adequate services. It<br />
was also criticized that the Act served political interests and for its failure to<br />
integrate the urban poor with the city.<br />
The city wise experiences in India are illustrated below:<br />
5.1 Kolkata<br />
4 5<br />
In Kolkata, most <strong>of</strong> the bastis are on land under thika tenancy. The thika tenants<br />
have limited development rights on their property. The Basti Improvement<br />
Programme, funded by the World Bank was implemented in these localities<br />
involving conversion <strong>of</strong> service latrines, connection <strong>of</strong> water taps, surface drainage
77<br />
<strong>Urban</strong> India<br />
facilities, construction and widening <strong>of</strong> roads and pathways, and provision <strong>of</strong> street<br />
lighting and waste disposal facilities within the bastis. As a result, living conditions<br />
were improved in bastis. Thika tenants cannot be ousted by any court order as they<br />
are protected under the tenancy laws and the slum act. Hence they constructed<br />
illegal buildings and leased it out to the slum dwellers. This led to the limited<br />
success met by any improvement programme by the state. Although bastis are<br />
improved under the programme, they still face deficiencies in basic services.<br />
(Ramaswamy V, 2008).<br />
5.2 Ahmedabad<br />
Launched in the early 1990s, Ahmedabad Slum Networking project is considered<br />
to be one <strong>of</strong> the most successful and innovative examples in provision <strong>of</strong> tenure<br />
security and services to the poor settlements by facilitating services such water and<br />
sanitation in an affordable and sustainable manner. It is an infrastructure and<br />
service provision programme that improves the livelihoods <strong>of</strong> people living and<br />
working in Ahmedabad slum area through active participation <strong>of</strong> the community<br />
(UN-Habitat, 2006). Slum Networking project provided a ten year licence to land<br />
for the unauthorized settlements enabling the slum dwellers to improve the local<br />
environment (Balamir et al, 2001). By December 2005, around 28 slum<br />
communities were successfully upgraded benefiting 4,868 households and 24,340<br />
people under the project. Project is still under implementation in 13 slum<br />
communities covering 3,835 households benefiting 19,175 people (UN-Habitat,<br />
2006).<br />
5.3 Mumbai<br />
Slum Rehabilitation Scheme (SRS) is a revival <strong>of</strong> the Slum Redevelopment<br />
Scheme in 1995. Under the scheme, slums occupied prior to Jan 1, 1995 were<br />
regularized. The objective is to redevelop and also to rehabilitate the slum and its<br />
inhabitants. Under the scheme, rehabilitation flats are built free <strong>of</strong> cost to the slum<br />
dweller by cross-subsidization provided by free-sale flats. Irrespective <strong>of</strong> the land<br />
tenure status, developers are allowed to construct sale flats on slum land, whether it<br />
is government or private land, in exchange for the construction <strong>of</strong> flats for slum<br />
dwellers. The scheme met with limited success. By March 2000, only 3,486 units
Security <strong>of</strong> Tenure <strong>of</strong> <strong>Urban</strong> Poor Settlements:<br />
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had been built for housing the slum dwellers through the SRS (Times <strong>of</strong> India,<br />
2000). This is because, the slum dwellers preferred to lease their flats middle-class<br />
pr<strong>of</strong>essionals instead <strong>of</strong> staying in them. They continued staying in dilapidated and<br />
housing degraded conditions. As per the stipulated rules, flats cannot be bought or<br />
sold for ten years from the time the slum dweller takes ownership. These rules are<br />
abused by the dwellers (Times <strong>of</strong> India, 2006).<br />
5.4 Delhi<br />
In 1960s, slum relocation was adopted in Delhi to discourage slum proliferation in<br />
core areas. Slums were relocated to the identified peripheral areas. These sites<br />
turned into most undesirable and hazardous as no situ upgrading was done by the<br />
government. Later, Delhi adopted a policy <strong>of</strong> socialization <strong>of</strong> land. Informal<br />
settlements have grown rapidly as a result <strong>of</strong> regularization and absence <strong>of</strong> action<br />
by the authorities. More than 60 percent <strong>of</strong> the population in Delhi lives in sub<br />
standard settlements with quasi-legal land tenure (Risbud, 2002). Delhi is mostly<br />
dominated by court rulings. Evictions and relocation still forms a major part <strong>of</strong> the<br />
slum policies in Delhi. Court orders favoured the land owners resulting into largescale<br />
evictions (Balamir et al, 2001).<br />
5.5 Hyderabad<br />
In 1980s, landsharing was adopted in Hyderabad for those who squatted the land in<br />
private ownership for a considerable number <strong>of</strong> years. This was successful as it<br />
involved the sharing <strong>of</strong> land between the slum dwellers and the land lords on<br />
conditions agreeable to both the parties. It provided to be beneficial to both the<br />
parties. The advantages to the landlords are immediate possession <strong>of</strong> part land with<br />
increased value, special incentives <strong>of</strong>fered by the local body for agreeing to share<br />
the land and the advantage to the slum dwellers are security <strong>of</strong> land tenure, no<br />
further eviction threats, incentive to build permanent houses, an asset for future<br />
generations and most importantly, improved social status (Adusumilli, 2001).<br />
6.0 CONCLUSIONS<br />
The national and international experiences show that different approaches adopted
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<strong>Urban</strong> India<br />
by different countries, regions or cities are mostly dependent on the state's policy<br />
and a number <strong>of</strong> diverse local factors. Each <strong>of</strong> these approaches met with varied<br />
degree <strong>of</strong> success depending on these factors. Broadly, these approaches have been<br />
classified into the following four categories:<br />
6.1 Tenure security against eviction by force<br />
Approaches involving the protection against threats <strong>of</strong> eviction have most <strong>of</strong>ten<br />
proved to be successful. Bairro Legal (Legal Neighbourhood) Programme in Brazil<br />
is one <strong>of</strong> such examples where provision <strong>of</strong> security <strong>of</strong> tenure led to the improved<br />
living conditions <strong>of</strong> thousands <strong>of</strong> residents. Ahmedabad Slum Networking Project<br />
is one <strong>of</strong> the most successful examples <strong>of</strong> provision <strong>of</strong> tenure security along with<br />
the basic services by engineering innovations. However approaches such as<br />
provision <strong>of</strong> temporary tenure rights as in the case <strong>of</strong> thika tenancy in Kolkata has<br />
met with limited success due to misuse <strong>of</strong> the rights by thika tenants.<br />
6.2 Incremental and flexible approaches<br />
Provision <strong>of</strong> different levels <strong>of</strong> security as in the case <strong>of</strong> Bangkok's Land Rental<br />
System illustrates how land can be made accessible and affordable to the poor<br />
communities which otherwise would be an impossible task. Progressive Policy <strong>of</strong><br />
incremental development supporting legal land tenure <strong>of</strong> Namibia has also proved<br />
to have significantly contributed to the improved living conditions <strong>of</strong> the poor<br />
communities. In Indonesia, Kampung Improvement Programme (KIP) adopted a<br />
flexible approach <strong>of</strong> recognition <strong>of</strong> Kampungs, as a result it generated massive<br />
improvements.<br />
6.3 Collaborative and participatory approaches<br />
Other approaches such as The Community Mortgage Program (CMP) in<br />
Philippines, a collaborative approach between community based organization,<br />
NGOs and government. Innovative approaches like Landsharing as in the case <strong>of</strong><br />
Phnom Penh, Cambodia and Hyderabad, India have met with success as it involved<br />
resolving <strong>of</strong> land disputes, provision <strong>of</strong> security <strong>of</strong> tenure and at the same time<br />
mutually beneficial for both the slum dwellers and the land lords. Landlords
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enjoyed special incentives and increased land value for their part <strong>of</strong> the land while<br />
the slum dwellers enjoyed the security <strong>of</strong> tenure against forced evictions.<br />
Community Land Trusts (CLT) concept in Kenya is one <strong>of</strong> popular examples <strong>of</strong><br />
tenure sharing, in which the tenure is with the community and not with individual.<br />
6.4 Regularization<br />
Regularization <strong>of</strong> poor communities irrespective <strong>of</strong> public or private land through<br />
The Concession <strong>of</strong> the Real Right to Use (CRRU) in Recife, Brazil has been<br />
instrumental in the physical improvement <strong>of</strong> the poor settlements with both private<br />
and public investments. This case demonstrates that the public land need not be<br />
privatized for recognition <strong>of</strong> housing rights. Successful massive land tenure<br />
regularization was taken up under the <strong>Urban</strong> Poverty Rights Project (UPRP) in<br />
Peru. This was possible only due to the policy change. Slum Rehabilitation Scheme<br />
(SRS) in Mumbai regularized slums and <strong>of</strong>fered free-sale flats. Despite this, the<br />
scheme met with limited success as there was a violation <strong>of</strong> stipulated rules by the<br />
slum dwellers. Even regularization <strong>of</strong> slums in Delhi was <strong>of</strong> no great help as court<br />
orders favoured the land owners resulting into large-scale evictions.<br />
On one hand it is found that approaches involving provision <strong>of</strong> tenure security<br />
against evictions by force, collaborative initiatives, community participation,<br />
tenure sharing, flexible and incremental tenure were successful. On the other hand,<br />
approaches involving the violation <strong>of</strong> rules, misuse <strong>of</strong> tenure rights and biased court<br />
orders have met with limited success.
81<br />
<strong>Urban</strong> India<br />
Endnote:<br />
1 A favela is another name for a shanty town.<br />
2 Local word for slums<br />
3 Comisión de Formalización de la Propiedad Informal,<br />
Commission for the Regularisation <strong>of</strong> Informal Property, was<br />
created in 1996 by the State<br />
4 Local name for slum<br />
5 Thika is a contract for temporary possession <strong>of</strong> land.
Security <strong>of</strong> Tenure <strong>of</strong> <strong>Urban</strong> Poor Settlements:<br />
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82<br />
References:<br />
1. Adusumilli, U. (2001), Regulatory Guidelines for <strong>Urban</strong> Upgrading:<br />
Hyderabad Experience, International Workshop on Regulatory Guidelines for<br />
<strong>Urban</strong> Upgrading, Bourton, Dunsmore, 17-18 May 2001, p6-7.<br />
2. Balamir, M., Payne, G (2001), Legality and Legitimacy in <strong>Urban</strong> Tenure<br />
Issues, Abstract <strong>of</strong> a Paper Submitted to the ESF/N-AERUS Conference,<br />
Katholiek Universiteit Leuven, Belgium.<br />
3. Banerjee, B (1994), Policies, Procedures and Techniques for Regularizing<br />
Irregular Settlements in India: The Case <strong>of</strong> Delhi, <strong>Urban</strong> Research Working<br />
Paper, No 34, Vrije University, Amsterdam.<br />
4. Banerjee, B (2002), Security <strong>of</strong> Tenure in Indian Cities, Holding Their<br />
Ground: Secure Land Tenure for the <strong>Urban</strong> Poor in Developing Countries,<br />
First Publication, p47, Earthscan Publications Ltd., London.<br />
5. COHRE (Centre On Housing Rights and Evictions) (2004), Housing Rights<br />
Bulletin, Vol 1, No. 4, December.<br />
6. Durand-Lasserve, A., Royston, L (2002), International Trends and<br />
Country Contexts From Tenure Regularisation to Tenure Security, Holding<br />
Their Ground: Secure Land Tenure for the <strong>Urban</strong> Poor in Developing<br />
Countries, First Publication, p1-3, Earthscan Publications, London,.<br />
7. Fernandez, F (1997), Pagtambayayong Foundation, in: Building the City with<br />
the People, New Trends in Community Initiatives in Cooperation with Local<br />
Governments, Habitat International Coalition, México. Case study.<br />
8. GOI (Government <strong>of</strong> India, Ministry <strong>of</strong> <strong>Urban</strong> Employment and Poverty<br />
Alleviation, Ministry <strong>of</strong> <strong>Urban</strong> Development) (2005), Jawaharlal Nehru<br />
<strong>Urban</strong> Renewal Mission (JNNURM), New Delhi.<br />
9. GOI (Government <strong>of</strong> India, Ministry <strong>of</strong> Works and Housing) (1983), Report <strong>of</strong><br />
the Task Force on Housing and <strong>Urban</strong> Development, New Delhi.
83<br />
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10. GOI (Government <strong>of</strong> India, The Ministry <strong>of</strong> <strong>Urban</strong> Development and Poverty<br />
Alleviation) (2001), Draft <strong>National</strong> Slum Policy, Government <strong>of</strong> India, New<br />
Delhi.<br />
11. Jaffer, M (1996), GONGO Project, Habitat International Coalition, Mexico,<br />
Case study.<br />
12. Mohit, R (2001), An Even Playing Field: Security <strong>of</strong> Tenure and the <strong>Urban</strong><br />
Poor in Bangkok, Thailand, Global Development Network's Third Annual<br />
Conference, December 9-12, 2001, Brazil.<br />
13. Muller, A (2000), Shack Dwellers Federation <strong>of</strong> Namibia, Namibia Housing<br />
Action Group (NHAG), Windhoek Namibia.<br />
14. Paul, E. R (2005), Land Sharing in Phnom Penh: an Innovative but Insufficient<br />
Instrument <strong>of</strong> Secure Tenure for the Poor, Expert Group Meeting on Secure<br />
Land Tenure: New Legal Frameworks and Tools, UN-ESCAP, Bangkok,<br />
Thailand, 8-9 December 2005.<br />
15. Payne, G (2001), The Impact <strong>of</strong> Regulation on the Livelihoods <strong>of</strong> the Poor, the<br />
ITDG Research Project, 'Regulatory Guidelines for <strong>Urban</strong> Upgrading',<br />
International Workshop on Regulatory Guidelines for <strong>Urban</strong> Upgrading,<br />
Bourton, Dunsmore, 17-18 May 2001, p13.<br />
16. Ramaswamy, V (2008), Basti Redevelopment in Kolkata, Economic &<br />
Political Weekly, Mumbai.<br />
17. Risbud, N (2002), Policies for Tenure Security in Delhi, Holding Their<br />
Ground: Secure Land Tenure for the <strong>Urban</strong> Poor in Developing Countries,<br />
Earthscan Publications Ltd., London.<br />
18. Times <strong>of</strong> India (2006), Gross Misuse <strong>of</strong> Mumbai's Slum Rehab Scheme, 26-<br />
10-2006.<br />
19. Times <strong>of</strong> India (2000), Maharashtra Government Scraps Slum Scheme, 12<br />
March 2000.
Security <strong>of</strong> Tenure <strong>of</strong> <strong>Urban</strong> Poor Settlements:<br />
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84<br />
20. UNCHS (United Nations Centre for Human Settlements) (Habitat) (1996),<br />
Access to Land and Security <strong>of</strong> Tenure as a Condition for Sustainable Shelter<br />
and <strong>Urban</strong> Development, New Delhi Declaration, Global Conference, New<br />
Delhi, India, 17-19 January.<br />
21. UNCHS (1999), <strong>Urban</strong> Poverty in Africa: Selected Countries' Experiences,<br />
Africa Forum on <strong>Urban</strong> Poverty, Nairobi.<br />
22. UN-Habitat (2006), Best Practices Database - Winners <strong>of</strong> the 2006 Dubai<br />
International Awards for Best Practices.<br />
23. UN-Habitat (2002), Global Campaign for Secure Tenure, A Tool for<br />
Advocating the Provision <strong>of</strong> Adequate Shelter for the <strong>Urban</strong> Poor, Concept<br />
Paper, 2nd Edition, United Nations Human Settlements Programme.<br />
24. UN-Habitat (2003), Handbook on Best Practices, Security <strong>of</strong> Tenure and<br />
Access To Land, Implementation <strong>of</strong> the Habitat Agenda United Nations<br />
Human Settlements Programme, Nairobi.<br />
25. World Bank (2003), World Development Report, Chapter 6.<br />
26. Yi Yang Z (1999), COFOPRI, an Experience <strong>of</strong> Land Tenure Regularization in<br />
Informal Settlements in Perú Regularisation Process at the Saul Cantoral<br />
Settlement: A Case Study.<br />
Useful Websites:<br />
1. www.censusindia.net<br />
2. www.urban.wikia.com/wiki/Kampung_improvement_program#Imp<br />
lementation (retrieved on 12 March 2009).