Policy and Legal Framework for Urban Green Space Governance in India

Gupta, H S

• Publisher: Daya Publishing House
• Year: 2021
• eBook ISBN: 9789351301523
• Topic: Technology & Engineering
• Subtopic: Forestry
• Index: Technology & Engineering

The present book makes an attempt to explain the need and evolution of regulations for managing the tree and forest cover in urban and rural (including special problematic) areas - which are normally outside the focus of the legal forestry or scientific forestry, but are of critical importance. However, the urban areas because of their special needs for green spaces have got special focus as far as this book is considered. The need and design of such regulations focused to greenery in urban areas is preceded by the discussion on appropriate policy; which has been delineated cussed in a separate chapter given the importance of the topic. The need for good governance in urban forestry and tree related regulations are urgently felt and hence some of the key elements of it have also been discussed. The expectation of the society for good governance is felt across the domain including forestry sector; hence the forestry and general tree or forest management in urban context has to be in consonance with modern concept of good governance. This aspect has not only been discussed in theoretical perspective but the various existing provincial regulations have been scanned with focus on some of the core elements of good governance. At the same time global efforts to incorporate approaches of good governance in urban forestry or tree growing have also been discussed; with some glimpses of good practices are also given to readers. The very unique feature of the book, which can be useful for policy planners, framers of regulations, implementers and other affected stakeholders is to discuss the major approaches for ensuring the well managed tree and forest resources (particularly in urban context). These approaches like planning, motivation and market based instruments have been playing an important role in other sectors and to some extent are being applied in urban forestry as well. The theoretical treatment of this topic with practical examples from different countries and from India, illustrates the logic behind each approach. Having realised the vast potential and scope of each of these approaches- the reader is introduced to the possibility of application of these approaches in urban forestry regulations. At the end of the chapter, it is expected that the reader would be convinced of the need of fusion of approaches as only this integrated framework can work efficiently and effectively in any given context. The comparative analysis of different provincial regulations also offers enough insights to the readers for improving their efficiency by supplementing them by the elements of other approaches. The critique of each provincial regulation can provide enough clues to the modifications of such regulations. As highlighted by numerous studies, the importance of trees, forests, greenery and green spaces are growing every day. The planners and regulators are facing strong challenge to conserve, enhance and maintain such green resource

Table of contents

• Acknowledgments
• Disclaimer
• Foreword
• Preface
• Abbreviations
• Terminology and Definitions
• Introduction
• 1. The Urban Tree Cover and Beyond: Understanding of the Concept, Status and Dynamics
• 1.1. The Urbanization
• 1.2. Need for Green cover in urban scenario
• 1.3. The Trees Outside Forest
• 1.3.1. Trees Outside Forests and its Continuums for Sustainable Urban Areas
• 1.3.2. Contribution of TOF in India: Some Learnings (FAO 2001)
• 1.4. Genesis of Urban Forestry
• 1.4.1. The Evolution of Forestry and Tree Cover Management in Urban Areas
• 1.4.2. Urban Forest and Tree Cover and its Importance in Ensuring Environmental Sustainability of Urban Areas
• 1.5. Policy Initiatives taken at International Level for Managing, Conserving and Protecting Tree and Forest Cover in Urban Scenario
• 2. Urban India in Climatic Stress: The Policy Options with Green Focus
• 2.1. The Aggravating Urbanization: Global and Indian Scenario
• 2.2. The Increasing Urban Population Pressure in India
• 2.3. The Problem of Policy Makers: Critical Issues
• 2.4. The Ugly Aspect of Urbanization: Its Economic Implications
• 2.5. The Policy Imperatives?
• 2.5.1. The Brighter View of the Arena
• 2.5.2. Green India Mission
• 2.6. Environmental Challenges of Urbanization in Climatic Stress
• 2.7. Way Out to Combat Climate Change: The Direct Steps with Elements of Greening
• 2.8. The Way Out to Stem the Rot
• 2.9. Some Generic Adaptation and Mitigation Actions in Urban Climate Change Context
• 2.10. The Broad Policy Directions
• 3. Approaches and Tools for the Management of the Urban Tree and Green Cover
• 3.1 The Planning as an Approach and its Various Tools
• 3.1.1 “Master Plan” Approach and Land Use Planning
• 3.1.2. The Importance of Master Plan or City Development Plan
• 3.1.3. Planning: Its Role in Urban Forestry/TOF
• 3.1.4. The “Good Land Use Planning” as a Tool and its Determinants
• 3.1.5. The Importance of Planning as a Process for Ensuring Tree and Green Resources in Urban Areas
• 3.1.6. The Land Use Planning Tools Used for Ensuring Trees and Green Cover in Urban Landscape
• 3.1.6.1 The Green Resources Assessment: Efforts Made in India
• 3.1.7. The Government and Land Use Planning
• 3.1.8. Management of Planning Process for Tree Cover/Forest in Urban Areas
• 3.1.9. Integrating Sustainable Management Paradigm with Urban Green Cover Issues
• 3.2. Through Voluntary Efforts
• 3.2.1. Through Voluntary Practices of Citizen
• 3.2.2. Through Enhanced Civic Responsibility
• 3.2.2.1. “Adoption of Trees” Approach
• 3.2.3. Through Awareness Generation
• 3.3. Through Market Based Tools
• 3.3.1. Payment for Ecosystem Services (PES) as Market Based Tool
• 3.3.2. Through “Public Private Partnerships” Model to Ensure Tree/ Green Cover in Urban Areas
• 3.3.3. Government-NGO Partnership
• 3.4. Regulatory Approach
• 3.4.1. The Regulatory Provision to Ensure Green Cover in Urban Areas
• 3.4.2. International Approach on Regulations
• 3.4.3. Through National Regulatory Initiatives
• 3.4.3.1. Regional Initiatives
• 4. Regulations Related to Trees, Urban Forest, Green Spaces in India: An Analytical Study
• 4.1. Background
• 4.2. The Need for Special Regulations
• 4.3. The Various Regional Regulations
• 4.4. The Commentary on States/UTs Specific Tree Acts
• 4.4.1.1. The Andhra Pradesh Water, Land and Trees Act, 2002
• 4.4.1.2. Andhra Pradesh (Protection of Trees and Timber in Public Premises) Rules, 1989
• 4.4.2. The Bihar Timber and other Forest Produce (Regulations of Transit), Rules, 1973
• 4.4.3. The Delhi Preservation of Trees Act, 1994
• 4.4.4. Goa, Daman and Diu Preservation of Trees Act, 1984
• 4.4.5. The Saurashtra Felling of Trees (Infliction of Punishment) Act, 1951
• 4.4.6. The Haryana Development and Regulation of Urban Areas Act, 1975
• 4.4.7. The Himachal Pradesh Forest Sector Policy and Strategy, 2005
• 4.4.8. J&K Preservation of Specified Trees Act, 1969
• 4.4.9. The Karnataka Preservation of Trees Act, 1976
• 4.4.10. The Kerala Preservation of Trees Act, 1986
• 4.4.11.1. The Madhya Pradesh Vrikshon Ka Parirakshan (Nagariya Kshetra) Adhiniyam, 2001
• 4.5.11.2. Madhya Pradesh Lok Vaniki Adhiniyam, 2001
• 4.4.11.3. M.P. Protection of Aboriginal Tribes (Interest in Trees) Act, 1956
• 4.4.12. The Maharashtra Felling of Trees (Regulation) Act, 1964
• 4.5.13. The Meghalaya Tree (Prevention) Act, 1976
• 4.5.14. Punjab Land Preservation (Chos) Act 1900
• 4.5.15. Rajasthan Trees (Plantation and Protection) Bill, 2010
• 4.5.16.1. Tamil Nadu Hill Areas (Preservation of Trees) Act, 1955
• 4.5.16.2. The Tamil Nadu Rosewood Trees (Conservation) Act, 1994 (Act No. 1 of 1995)
• 4.5.16.3. Tamil Nadu Timber Transit Rules, 1968
• 4.5.17. The Uttar Pradesh Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975
• 4.5.18. The West Bengal Trees (Protection and Conservation in Non Forest Areas) Act, 2006
• 4.6. A Comparision of Different Tree Preservation or Protection Acts in India
• 5. Governance Issues in the Management of Urban Greenery
• 5.1 Governance and its Importance
• 5.2. The Basics of Good Governance
• 5.3 Urban Governance: An Overview
• 5.4. Good Urban Forest Governance
• 5.5. Hindrances to Practices of Good Governance Issues in Urban Forest Management Context
• 5.6. Key Elements of Good Governance
• 5.6.1. Laws and Regulations and their Role
• 5.6.2. The Efficacy and Efficiency Issue
• 5.6.3. The Tenurial Issues
• 5. 7 The Urban Forest and Green Cover and the Indian National Forest Policy
• 6. Tree Cover and Forestry in Urban Area and Beyond: Challenges for its Extension
• 6.1 Multiplicity of Agencies
• 6.2. Development of Appropriates Technology and their Transfer Mechanism
• 6.3 Regeneration of the Urban Green Resource
• 6.4. Water Resources and Irrigation Need of the Urban Green Resource
• 6.5. Education, Extension and Research
• 6.6. Financial Constraints
• 6.7. Policy and Legal Constraints
• References
• Annexures
• Annexure 1
• Suggestive Guidelines for Felling and Transit Regulations for Tree Species Grown on Non Forest Private Lands
• Annexure 2
• Developing a Model Urban Tree Ordinance
• Annexure 3
• Andhra Pradesh Water, Land and Trees Act, 2002
• Annexure 4
• The Bihar Timber and other Forest Produce (Regulation of Transit) Rules, 1978
• Annexure 5
• The Delhi Preservation of Trees Act, 1994 (Delhi Act No. 11 of 1994) (12-10-1994)
• Annexure 6
• The Goa, Daman and Diu Preservation of Trees Act 1984 (Act No.6 of 1984)
• Annexure 7
• The Saurashtra Felling of Trees (Infliction of Punishment) Act, 1951
• Annexure 8
• J&K Reservation of Specified Trees Act, 1969 Act No: V of 1069
• Annexure 9
• Karnataka Act No. 76 of 1976
• Annexure 10
• The Kerala Preservation of Trees Act, 1986 (ACT 35 of 1986)
• Annexure 11
• M.P. Protection of Aboriginal Tribes (Interest in Trees) Act, 1956
• Annexure 12
• The M.P. Lokvaniki Act 2001 The M.P. Lokvaniki Rules 2002
• Annexure 13
• The Madhya Pradesh Vrikshon ka Parirakshan (Nagriya Keshetra Adhiniyam, 2001) No. 20 of 2001
• Annexure 14
• The Meghalaya Tree (Prevention) Act, 1976 (Meghalaya Act 13 of 1976)
• Annexure 15
• The Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975
• Annexure 16
• Punjab Land Presevation (Chos) Act 1900 Punjab Act II of 1900
• Annexure 17
• The Tamil Nadu Hill Areas (Preservation of Trees) Act, 1955 (Act No. XVII of 1955)
• Annexure 18
• The Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976 (U.P. Act No. 45 of 1976)
• Annexure 19
• The Kolkata Gazette
• Annexure 20