A VIABLE URBAN Land MANAGEMENT SYSTEM for the KATHMANDU VALLEY
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A VIABLE URBAN lAND MANAGEMENT SYSTEM FOR THE KATHMANDU VALLEY by BALLABH PRASAD ACHARYA B. Arch. (Bombay), M. Sc. (AIT) A Thesis in fulfillment of the requirements for the Degree of Doctor of Philosophy in Town Planning The University of New South Wales Sydney, Australia September 1991 PREFACE The study of urban problems in Nepal presents methodological complications because of paucity of statistical information. With limited research and documentation on urban planning and development activities presently available, relevant secondary data on which to base research studies is either absent or scarcely available. Embarking on an ambitious broad based academic research, such as this, mainly on the basis of primary data generated through field investigations, would be prohibitive given the time and resources constraints. The approach taken in this research is to narrow down the scope of the study to focus on new urban expansion in Kathmandu Valley, make use of available secondary material, and supplement the information and analysis through intensive contacts and discussions with relevant persons and agencies. Thus, the research relies mostly on descriptive methods of analysis and presentation. My personal involvement in Valley's planning and development and knowledge of local situation were valuable in the analysis and assessment of planning activities in the Valley, and in formulating proposals for reform. This study was conceived at the Asian Institute of Technology (AIT) in Bangkok following my enrollment in the doctoral program in January 1987. My research proposal was accepted by AIT in April 1988, and following field visit in Nepal during late May until early August 1988, further work on the study was done there. It was proposed to carry out the study in four phases with two field trips to Nepal. However, the study was discontinued for some time when I migrated with my family to Australia in late 1988. The necessity to adjust to a new environment in Australia, and to meet requirements of the University of New South Wales, resulted in delays in finalizing the Thesis. The lack of funds did not permit to make a second field visit to Nepal. The scope of the research was also widened considerably to explore, in depth, constraints and opportunities in adopting the proposed land management system in the ii Valley. This resulted in slight deviation from the original proposal, in that, the preparation of a demonstration project was omitted. The study, generally, analyses information obtained until July 1988. Therefore, the operation of the new planning law, which came into force in November 1988, is not covered, although an assessment of its salient features appears in Chapter Nine. In the interim, Nepal underwent through a rapid process of political changes. Nationwide political unrest began in late 1989, resulting in the collapse of the three decades old partyless panchayat system and re-establishment of multi-party democracy in Nepal in April 1990. A new Constitution of Nepal was promulgated in November 1990, which replaced the previous Constitution of 1962. General elections for parliament were held in May 1991 and the popularly elected Nepali Congress Government was formed in June 1991. Planning activities have been slow during the transitional period since 1989. Since a major part of this Thesis was completed before the above-mentioned political changes occurred in Nepal, the administrative, legislative and political arrangements under the old paucbayat system appear intact in the Thesis, as if they still existed. Although recent political changes and opportunities provided by the new democratic system are highlighted in the adoption and implementation of the proposed land management system, the analysis of the existing situation is confined to the planning system which operated under the pancbayat system. However, the following changes should be noted: presently, there is no town or village pauchayat, but any reference to either of them should be understood to mean a reference to a local government; the previous unicameral legislature, i.e. Rastriya Pancbayat, does not exist, instead, there is a bicameral legislature; and the previous zonal administration and the position of zonal commissioner have been abolished. I believe, I have done justice to the Thesis, in spite of changes in my personal situation and Nepal's political climate, which happened during its preparation period spanning nearly four years. iii ACKNOWLEDGEMENTS Many individuals and agencies have helped me in my doctoral study, which spanned nearly five years. The Australian Government provided scholarship while I was at the Asian Institute of Technology in Bangkok (1987-88). The Human Settlements Division and the AIT community provided institutional support in the initial period of the study's inception. Ray Archer (AIT) provided constant encouragement and support during the course of this study. My especial thanks to Dr Peter Murphy, my supervisor at the University of New South Wales, for guiding me to bring this thesis in the present form. Thanks are also to the staff of the School of Town Planning for their help. I am thankful to my external examiners, Soorya Lal Amatya, Ray Archer and Alex Kondos for reviewing my thesis and providing valuable comments. I am thankful to many landowners and residents in Pokhara and Gatthaghar (Bhaktapur) for their valuable time, opinions and suggestions, and to my friends at the Kathmandu Valley Town Planning Office and the Department of Housing, Building and Physical Planning for their help during my field survey. Thanks are also extended to staff of a number of government and municipal offices in Kathmandu and Pokhara. My especial thanks are to my friends Hemant Arjyal and Prem Lohani and to Shanker Pradhan (Chief Planner, Kathmandu Valley Town Planning Team) and Padam Chhetri (Senior Planner, Department of Housing, Building and Physical Planning). For their understanding, thanks and love to my children, who missed me in the evenings and during weekends. I would like to express my love to my wife Shanta, who shared with me moments of tension and hard work, but always encouraged me in the study and understood the dedication this work required. Many thanks to her, and to all others who directly or indirectly helped me in this study. For all the above, and much more, I thank God. iv ABSTRACT The Kathmandu Valley underwent through a rapid phase of urbanization after 1950, especially since early 1970's, despite the formation of its three principal towns during the 6th and 9th century AD. A number of efforts towards planning and developing the Valley were carried out since mid 1950's, but it was only in 1976 that the Nepalese Government formally approved the Valley Plan and established an agency to undertake regulatory functions. This study aims to assess the effectiveness of the current planning system operating in the Valley and to formulate an implementable land management system to guide future urban expansion in the Valley so as to achieve the objectives of planned urban development and an adequate urban land supply in a situation of mainly private land ownership and development. This is undertaken through the formulation of a broad based research design of a general exploratory and evaluative nature combined with a prescriptive part that is sensitive to the local situation. This research is mainly based on secondary material supplemented by intensive contacts and discussions in Nepal with planning and implementing officials at both central and local levels, landowners, tenants and land brokers. The development of the Valley has always been accorded a high priority by the Government. Since modem urban planning has a relatively short history in Nepal, the various components of the planning machinery are, however, still evolving. It is found that current planning efforts have not been very effective in guiding urban development in desired locations resulting in a number of serious problems. These include: haphazard and unplanned urban sprawl, encroachment onto low-lands and agricultural belts, incompatible land uses and violation of regulations, inadequate provision of urban infrastructure and services in new housing areas, rapid! y increasing land values and declining affordability of residential land, deteriorating housing situation, and unco-ordinated sectoral works resulting in piecemeal and ad hoc urban development activities. v The study concludes that opportunities for guiding the Valley's future urban growth through conventional planning mechanisms are limited and that a new approach to urban development should be adopted. An improved land management system (LMS), for guiding planned urban expansion and providing adequate land supply, is formulated for adoption in the Valley. This Thesis describes the proposed arrangements necessary for adoption of the LMS in the Valley; discusses constraints and opportunities in adopting the system and its various techniques and measures; suggests how these can be modified to fit in with local situation, recent initiatives and political changes; and shows how these measures improve opportunities for plan implementation in the Valley. vi TABLE OF CONTENTS page TITIE PAGE . i PREFACE . ii ACKN"OWI.EDGEMENTS . iv ABS1RACT . v TABI..E OF CONTENTS . vii UST OF TABI..ES . X UST OF FIGURES . xi EQUIVAI..ENTS . xii ABBREVIATIONS . xiii PART ONE: EXISTING SITUATION CHAPTER 1. INTRODUCTION 1 1.1 Urbanization Trends and Problems in Nepal . 2 1.2 Kathmandu Valley Context . 2 1.3 Urban Land Development Process . 8 1.4 Government Response . 11 1.5 Present Urban Land and Development Problems . 13 1.6 The Challenge . 21 1.7 Rationale of the Study . 25 1.8 Objectives of the Study . 27 1.9 Research Design . 28 1.10 Scope and Limitations of the Study . 33 1.11 Organization of the Thesis . 36 2. THE STUDY IN PERSPECTIVE 39 2.1 Urbanization and Urban Development Problems in Asia 40 2.2 Failures and Limitations of Urban Land Market . 42 2.3 Government Responses to Urban Development Problems .