Haryana Enacts Legislation to Establish Sonipat Metropolitan Development Authority for Integrated Urban Development

The State of Haryana recently published The Sonipat Metropolitan Development Authority Act, 2023, designated as Haryana Act No. 28 of 2023, in its Official Gazette on October 3, 2023. This legislative instrument, which received the assent of the Governor of Haryana on September 20, 2023, provides for the establishment of a dedicated statutory authority aimed at fostering the comprehensive growth of the Sonipat Metropolitan Area. The Act is set to come into force on a date to be appointed by the State Government through notification, with the possibility of different provisions commencing on varying dates. The legislation introduces the Sonipat Metropolitan Development Authority (SMDA) as a body corporate with perpetual succession and a common seal, empowered to acquire, hold, and dispose of property, and to contract.

The newly constituted Authority will be chaired by the Chief Minister of Haryana and will comprise a broad spectrum of members, including various ex-officio ministers, Members of Parliament and State Legislature representing the notified area, the Mayor and Senior Deputy Mayor of the Municipal Corporation, Sonipat, the Chairman of the Zila Parishad, Sonipat, senior government officials, and up to six nominated experts from fields such as urban infrastructure, governance, and town planning. A Chief Executive Officer, appointed by the State Government, will oversee the Authority's affairs and also serve as an ex-officio member. The Act further mandates the establishment of a Residents Advisory Council, tasked with advising the Authority and monitoring the implementation of its plans, ensuring community participation in the development process. The Authority is vested with extensive powers and duties, including the preparation, sanction, and implementation of plans for infrastructure development, provision of urban amenities, mobility management, sustainable management of the urban environment, and social, economic, and industrial development within the notified area. It is also empowered to coordinate with various governmental and local bodies, operate public transportation, stimulate urban regeneration, and prepare disaster management plans. The legislation provided: “AN ACT to develop a vision for the continued, sustained and balanced growth of the Sonipat Metropolitan Area through quality of life and reasonable standard of living provided to residents through generation of employment opportunities, to provide for integrated and coordinated planning, infrastructure development and provision of urban amenities, mobility management, sustainable management of the urban environment and social, economic and industrial development, to redefine the urban governance and delivery structure in coordination with local authorities in the context of the emergence of Sonipat as a rapidly expanding urban agglomeration, to establish a statutory Authority for the said purpose and for matters connected therewith or incidental thereto.”

The legislative intent behind the Sonipat Metropolitan Development Authority Act, 2023, is to address the challenges posed by Sonipat's rapid urban expansion by establishing an integrated and coordinated framework for its development. The Act seeks to overcome the limitations of the earlier fragmented statutory framework by consolidating planning and development functions under a single, powerful entity. It aims to fill statutory gaps in comprehensive urban governance, particularly concerning infrastructure, mobility, and environmental sustainability. The Authority is mandated to prepare an infrastructure development plan within nine months of the Act's commencement, which will detail necessary infrastructure works and urban amenities, such as roads, water supply, sewage disposal, and public transportation. This plan must conform to existing final plans under the Haryana Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963. The Act introduces new obligations for various entities, requiring all infrastructure development within the notified area to align with the Authority's plans. It also outlines mechanisms for the Authority to acquire land, including through transferable development rights (certificates granting the right to construct a specified floor area, which can be transferred), and to establish a modern geospatial based system (a system using geographic data and technology for planning) for efficient management. Financial provisions include the Authority's own fund, grants from the State Government, powers to borrow, and the ability to levy charges such as a duty on property transfers, a charge on liquor sales and consumption, and user charges for infrastructure and amenities. The Act also facilitates the transfer of properties, interests, rights, and liabilities from the Haryana Shehri Vikas Pradhikaran and the Haryana State Industrial and Infrastructure Development Corporation to the new Authority. Furthermore, it empowers the Chief Executive Officer to direct the removal of unauthorized developments and encroachments, and to exercise powers related to slum clearance. The Act stipulates that its provisions will have an overriding effect on inconsistent State laws, while being in addition to other existing laws, thereby creating a robust legal foundation for the planned development of the Sonipat Metropolitan Area.

Keywords: Sonipat Metropolitan Development Authority, Haryana Act 28 of 2023, Urban Development, Infrastructure, Mobility Management, Environmental Management, Haryana Geo Tags: India, Haryana District: Sonipat