S.15 Submission of Regional plan to State Government for approval.
(1) Every Regional plan shall be submitted to the State Government together with all connected documents, maps and plans for approval. The State Government may, within the prescribed period, by notification in the Official Gazette, either approve the Regional plan without modification for the whole Region, or any part thereof, or with
such modifications as it may consider necessary, or reject the plan with a direction to
the Regional Board to prepare a fresh plan according to such direction.
(2) The State Government may, pending approval of the entire Regional plan, by a
like notification approve separately any proposals or part of the Regional plan; and any
proposals or part so approved shall, on approval of the entire Regional plan, form part of
the entire plan so approved.
S.16 Procedure to be followed in preparing and approving Regional plans.
(1) Before preparing any Regional plan and submitting it to the State Government for approval, every Regional Board shall, after carrying out the necessary surveys and preparing an existing-land-use map of the Region, or such other maps as are considered
necessary, prepare a draft Regional plan 1[and publish a notice in the Official Gazette and in such other manner as may be prescribed, stating that the draft Regional plan has been prepared. The notice shall state the name of the place where a copy of such plan shall be available for inspection by the public at all reasonable hours mentioned therein and that copies thereof or any extract therefrom certified to be correct shall be available for sale to the public at a reasonable price and invite] objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice, such date not being earlier than four months from the publication of the notice. 2[The notice shall also state that copies of the following particulars in relation to the draft Regional plan are also available for inspection by the public and copies thereof or extracts therefrom certified to be correct are also available for sale to the public at a reasonable price at the
place so named, namely :-]
(a) a report on the existing-land-use map and the regional survey carried out as aforesaid ;
(b) maps, charts and a report illustrating and explaining the provisions of the draft Regional plan and indicating the priorities of works to be executed thereunder ;
(c) a report of the stages of the development programme by which it is proposed to execute the Regional plan ; and
(d) recommendations to the State Government regarding the directions to be issued to the local authorities in the Region and the different departments of the State Government, if any, in respect of enforcement and implementation of the proposals contained in the draft Regional plan.
(2) The Regional Board shall refer the objections, suggestions and representations received by it to the Regional Planning Committee appointed under section 10 for consideration and report.
(3) The Regional Planning Committee shall, after giving a reasonable opportunity to all persons affected by the Regional plan of being heard, submit its report to the Regional Board together with all connected documents, maps, charts and plans within such time as may from time to time be fixed in that behalf by the Regional Board.
(4) After considering the report of the Regional Planning Committee, and the suggestions, objections and representations, the Regional Board shall prepare the Regional plan containing such modifications, if any, as it considers necessary, and submit it to the State Government for approval, together with the report of the Regional Planning
Committee and all connected documents, plans, maps and charts.
S.17 Publication of Regional plan and date of its operation.
Immediately after a Regional plan is approved by the State Government, the State
Government shall publish, in such manner as may be prescribed by rules as is calculated to bring to the notice of all persons concerned; and in particular, to all persons affected by the Regional plan, a notice stating that the Regional plan has been approved, and naming a place where a copy of the Regional plan may be inspected at all reasonable hours, 1[and stating also that copies thereof or any extract therefrom certified to be correct shall be available for sale to the public at a reasonable price,] and shall specify therein a date (not being earlier than sixty days from the date of publication of the said notice) on which the Regional plan shall come into operation and the plan which has come into operation shall be called the "final Regional plan".
S.18 Restriction on change of user of land or development thereof.
1[(1) No person shall, on or after the publication of the notice that the draft Regional plan has been prepared or the draft Regional plan has been approved, institute or change the use of any land for any purpose other than agriculture or carry out any
development in respect of any land without the previous permission,-
(i) in case the land is situated in the limits of Municipal Corporation or a Municipal Council, or a Nagar Panchayat or a Special Planning Authority or any other planning authority, of such Municipal Corporation or Municipal Council, Nagar Panchayat or Special Planning Authority or other planning Authority, as the case may be, or
(ii) in case the land is situated in the gaothan, within the meaning of clause (10) of section 2 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966), of the village panchayat concerned, or
(iii) in case the land is situated in areas other than those mentioned in clauses (i) and (ii) above, of the Collector of the District:
Provided that, the Collector may delegate his powers under this clause to an officer
not below the rank of Tahsildar.
Explanation.- For the removal of doubt, it is hereby declared that, no such permission of the Collector shall be required in the gaothan area of a revenue village within the
meaning of clause (10) of section 2 of the Maharashtra Land Revenue Code, 1966 (Mah.XLI of 1966).]
2[(2) Notwithstanding anything contained in any other law for the time being in force, the Village panchayat or, as the case may be, the Collector, in considering
application for permission shall have due regard to the provisions of any draft or
Regional plan or proposal published by means of a notice under this Act.]
3[(2A) (i) The provisions of sections 52, 53, 54, 55, 56, 57 and 58 shall apply mutatis mutandis to the unauthorized development carried out in the area of Regional plan, as they apply to the unauthorized development carried out in the area of a Planning Authority ; and
(ii) the Collector shall be authority Competent to take action in respect of such unauthorized development.
(2B) Notwithstanding anything contained in this Act or any other law for the time being in force, the State Government may, upon a request made by the Collector,
specify the terms and conditions on compliance of which and the compounding charges
3[,infrastructure charges and permium]on payment of which the Collector may declare an unauthorized structure to be a compounded structure :
Provided that, on declaration of an unauthorised structure as compounded structure,
the proceedings under any law for the time being in force against such structure initiated by the Collector shall stand abated, and if such proceedings are yet to be initiated, no proceedings shall be maintainable :
Provided further that, no further construction shall be permissible in any compounded structure, other than repairs and maintenance, and any redevelopment or reconstruction of such structure shall be only as per the provisions of the prevailing Development Control Regulations.]
4[(3) Without prejudice to the provisions of sub-sections (1) and (2) or any other provisions of this Act, any person intending to execute 5[an Integrated Township Project] on any land, may make an application to the State Government, and on receipt of such application the State Government may, after making such inquiry as it may deem fit in that behalf, grant such permission and declare such project to be 5[an Integrated Township Project] by notification in the Official Gazette or reject the application.]
S.19 Exclusion of claims for compensation for injurious affection.
No compensation shall be awarded-
(a) if and in so far as any property or any right or interest therein alleged to be injuriously affected by reason of the provisions contained in any plan or scheme, is
subject to substantially similar restrictions in force, under some other law which was in force on the date on which, such injurious affection took place or the restrictions were imposed by this Act ;
(b) if compensation in respect of such injurious affection or restrictions imposed under this Act or substantially similar injurious affection or restriction in force under any other law has already been paid in respect of the property or any right or interest therein to the claimant or to any predecessor in interest of the claimant.
S.20 Revision or modification of Regional plan.
1[Revision or modification] of Regional plan.-(1) If the State Government at any time after a Regional plan has come into operation, but not earlier than ten years therefrom is of the opinion that revision of such Regional plan is necessary and there is no Regional Board for the Region to which plan relates, to undertake such revision, the State Government may constitute a Regional Planning Board under section 4, or a Regional Board may, with the previous approval of the State Government, also revise the Regional plan; and thereupon, the foregoing provisions of this Chapter shall, so far as they can be made applicable, apply to the revision of the Regional plan as those provisions apply in relation to the preparation, 2[publication of notice] and approval of a Regional plan.
3[(2) Notwithstanding anything contained in sub-section (1), the State Government may, at any time after a Regional Plan has come into operation, make any modification in such plan in the manner hereinafter provided if in its opinion such modification is necessary for the 4[development] of the Region for which such plan has been prepared and approved.
(3) For the purpose of modifying a Regional plan under sub-section (2) the State Government shall publish a notice in the Official Gazette announcing its intention to make the modification specified in the notice and invite objections or suggestions from any person with respect to such modification in writing with reasons therefor within such period as may be specified in the notice. The notice shall also be published in at least one newspaper having wide circulation in the Region and in such other manner as the State Government may think fit in the circumstances of each case.
(4) After considering the objections and suggestions in respect of the draft modification under sub-section (2), the State Government may approve the modification of the Regional plan with such amendments, if any, as it may think fit, 5[or decide not to accord approval] and shall publish a notification in the Official Gazette, stating that the modification of the Regional plan specified therein 6[has been approved with or without amendment or has not been approved, as the case may be. In case the modification is approved, then such notification] shall also state the place where a copy of modification to the Regional plan may be inspected at all reasonable hours, and shall specify therein a date on which the modification of the plan shall come into operation.]
CHAPTER III
DEVELOPMENT PLAN
1[(a) Declaration of intention, preparation, submission and
sanction to Development plan.]
(1) As soon as may be after the commencement of this Act, but not later than three years after such commencement, and subject however to the provisions of this Act,
every Planning Authority shall carry out a survey, prepare an existing land-use map and
prepare 2* a draft Development plan for the area within its jurisdiction, in accoradance
with the provisions of a Regional plan, where there is such a plan 3[, publish a notice in the Official Gazette and in such other manner as may be prescribed stating that the draft Development plan has been prepared] and submit the plan to the State Government for sanction. The Planning Authority shall also submit a quarterly Report to the State Government about the progress made in carrying out the survey and preparing the plan.
(2) Subject to the provisions of this Act, every Planning Authority constituted after the commencement of this Act shall, not later than three years from the date of its constitution, 4[ 5[declare its intention to prepare a draft Development plan, prepare such plan and publish a notice of such preparation in the Official Gazette] and in such other manner as may be prescribed] and 6[submit the draft Development plan] to the State Government for sanction.
7[(3) On an application made by any Planning Authority, the State Government may, having regard to the permissible period specified in the preceding sections, from time to time, by order in writing and for adequate reasons to be specified in such order, extend such period.]
(4)8[If the declaration of intention to prepare Development plan under section 23 is not made or if the draft Development plan is not submitted] to the State Government as aforesaid for sanction by any Planning Authority within the period specified or within the extended period, 9[the concerned Divisional Joint Director or Deputy Director of Town Planning and Valuation Department or an officer not below the rank of an Assistant Director of Town Planning nominated by him, as the case may be, may after declaring the intention, carry out necessary survey of the area and prepare an existing-land-use map in consultation with the Director of Town Planning and] 10[prepare such Development plan and publish a notice in the Official Gazette and in such other manner as may be prescribed stating that such plan has been prepared and submit it to the State Government for sanction,] and may recover the cost thereof from the funds of that Planning Authority, notwithstanding anything contained in any law relating to the said fund. Such officer shall exercise all the powers and perform all the functions of a Planning Authority which may be necessary for the purposes of preparing 11[a Development plan and publishing a notice as aforesaid and submitting it to the State Government for sanction].
12[(4A) If at any stage of preparation of the draft Development plan, the time fixed under sections 13* 25, 26 14* and 30 for doing anything specified in the said sections lapses, the Planning Authority shall be deemed to have failed to perform its duty imposed upon it by or under the provisions of this Act and any work remaining to be done upto the stage of submission of the draft Development plan under section 30 shall be completed by 15[the concerned Divisional Joint Director or Deputy Director of Town Planning and Valuation Department or an officer nominated by him not below the rank of an Assistant Director of Town Planning, as the case may be.] The said officer shall exercise all the powers and perform all the duties of a Planning Authority which may be necessary for the purpose of preparing a Development plan and submitting it to the State Government for sanction and may, notwithstanding anything contained in any other law relating to the funds of the Planning Authority, recover the cost thereof from such funds:]
16[Provided that, the said Officer shall exercise all the power and perform all the duties of the Planning Authority within such period as may be specified by an order by the
Director of Town Planning, having regard to the stage of preparation of Development
plan :
Provided futher that, the said period specified under the first proviso shall not exceed
the original period stipulated under the relevant section.]
(5) If any local authority which is a Planning Authority is converted into, or
amalgamated with, any other local authority or is sub-divided into two or more local
authorities, the Development plan prepared for the area by that Planning Authority so
converted, amalgamated or sub-divided shall, with such alterations and modifications,
as the State Government may approve be the Development plan for the area of the new
Planning Authority or Authorities into or with which the former Planning Authority is
converted, amalgamated or sub-divided.
S.22 Contents of Development plan.
A Development plan shall generally indicate the manner in which the use of land
in the area of a Planning Authority shall be regulated, and also indicate the manner in
which the development of land therein shall be carried out. In particular, it shall provide
so far as may be necessary for all or any of the following matters, that is to say,-
(a) proposals for allocating the use of land for purposes, such as residential, industrial, commercial, agricultural, recreational ;
(b) proposals for designation of land for public purpose, such as schools, colleges and other educational institutions, medical and public health institutions, markets, social welfare and cultural institutions, theatres and places for public entertainment,
or public assembly, museums, art galleries, religious buildings and government and other public buildings as may from time to time be approved by the State Government ;
(c) proposals for designation of areas for open spaces, playgrounds, stadia, zoological gardens, green belts, nature reserves, sanctuaries and dairies ;
(d) transport and communications, such as roads, high-ways, park-ways, railways, water-ways, canals and air ports, including their extension and development ;
(e) water supply, drainage, sewerage, sewage disposal, other public utilities, amenities and services including electricity and gas ;
(f) reservation of land for community facilities and services ;
(g) proposals for designation of sites for service industries, industrial estates and any other development on an extensive scale ;
(h) preservation, conservation and development of areas of natural scenary and landscape ;
(i) preservation of features, structures or places of historical, natural, architectural and scientific interest and educational value 1[and of heritage buildings and heritage precincts] ;
(j) proposals for flood control and prevention of river pollution ;
(k) proposals of the Central Government, a State Government, Planning Authority or public utility undertaking or any other authority established by law for designation of land as subject to acquisition for public purpose or as specified in a Development plan, having regard to the provisions of section 14 or for development or for securing use of the land in the manner provided by or under this Act ;
(l) the filling up or reclamation of low lying, swampy or unhealthy areas or levelling up of land ;
(m) provisions for permission to be granted for controlling and regulating the use and development of land within the jurisdiction of a local authority 2[including imposition of fees, charges and premium, at such rate as may be fixed by the State Government or the planning Authority, from time to time, for grant of an additional Floor Space Index or for the special permissions or for the use of discretionary powers under the relevant Development Control Regulations, and also for imposition of ] conditions and restrictions in regard to the open space to be maintained about buildings, the percentage of building area for a plot, the location, number, size, height, number of storeys and character of buildings and density of population allowed in a specified area, the use and purposes to which buildings or specified areas of land may or may not be appropriated, the sub-division of plots, the discontinuance of objectionable users of land in any area in reasonable periods, parking space and loading and unloading space for any building and the sizes of projections and advertisement signs and boardings and other matters as may be considered necessary for carrying out the objects of this Act.
S.22A Modification of a substantial nature.
1[22A.Modifications of a substantial nature.- In section 31, the expression "of a substantial nature" used in relation to the modifications made by the State Government in the draft Development Plan means,-
(a) any modification to a reserved site resulting in reduction of its area by more than fifty per cent. or reduction of such amenity in that sector by an area of more than ten per cent. in the aggregate ;
(b) insertion of a new road or a new reservation or modification of a reserved site or a proposed road or a proposed road widening resulting in inclusion of any additional land not so affected previously ;
(c) change in the proposal of allocating the use of certain lands from one zone to any other zone provided by clause (a) of section 22, which results in increasing the area in that other zone by more than ten per cent. in the same planning unit or sector in a draft Development plan ;
(d) alteration in the Floor Space Index beyond ten per cent. of the Floor Space Index prescribed in the Development Control Regulation.]
S.23 Declaration of intention to prepare Development plan.
(1) A planning Authority shall, before carrying out a survey and preparing an
existing-land-use map of the area as provided in section 21, by a resolution make a declaration of its intention to prepare a Development plan; and shall despatch a copy of such resolution with a copy of a plan showing only the boundary of the entire area proposed to be included in the Development plan to the State Government. 1[The said Officer] shall also make a similar declaration and submit a copy thereof to the State Government. The Planning Authority or the said Officer, as the case may be, shall also publish a notice of such declaration in the Official Gazette, and also in one or more local newspapers in the prescribed manner, inviting suggestions or objections from the public within a period of not less than sixty days from the publication of the notice in the Official Gazette.
(2) A copy of the aforesaid plan shall be open to the inspection of the public at all reasonable hours at the head office of the Planning Authority and Local Authority.
S.24 Town Planning Officer.
1[Town Planning Officer.- Every Planning Authority shall, at the time of declaration of intention to prepare Development plan, resolve to appoint a person possessing such qualification as may be prescribed, to be the Town Planning Officer for carrying out survey of the area of a Planning Authority, preparing an existing-land-use map thereof and formulating proposals of Development plan of that area for submission to the Planning Authority. Thereafter, the Planning Authority shall, with the previous sanction of the State Government, appoint such person as a Town Planning Officer.]
S.25 Provision for survey and preparation of existing-land-use map.
After the declaration of intention of a Planning Authority or the said Officer to prepare a Development plan but not later than six months from the date of such declaration or not later than such further time as the State Government may from time to time extend, a Planning Authority or the said Officer shall carry out a survey of the lands within the jurisdiction of the Planning Authority and prepare an existing-land-use map indicating the existing use of land therein :
1[Provided that, the period so extended shall not in any case exceed one year in the aggregate.]
S.26 Preparation and publication of notice of draft Development plan.
(1) Subject to the provisions of section 21, a Planning Authority, or the said Officer shall, not later than two years from the date of notice published under section 23, 1[prepare a draft Development plan and publish a notice in the Official Gazette, and in such other manner as may be determined by it stating that the Development plan has been prepared. The notice shall state the name of the place where a copy thereof shall be available for inspection by the public and that copies thereof or extracts therefrom certified to be correct shall be available for sale to the public at a reasonable price, and inviting objections and suggestions within a period of 3[thirty days] from the date of notice in the Official Gazette :
4[Provided that, in case of a Municipal Corporation having population of ten lakhs or
more as per the latest census, the period for inviting objections and suggestions shall be
sixty days from the date of notice in the Official Gazette:]
5[Provided further that], the State Government may, on an application of the Planning Authority, by an order in writing, and for reasons to be recorded from time to time extend the period for preparation 6[and publication of notice] of the draft Development plan.
(i) twenty-four months, in the aggregate, in case of Municipal Corporation having population of one crore or more, as per the latest census figures;
(ii) twelve months, in the aggregate, in case of Municipal Corporation having population of ten lakhs or more but less than one crore, as per the latest census figure ; and
(iii) six months, in the aggregate, in any other case.]
(2) 7[The notice shall also state that copies of the following particulars in relation to the draft Development plan are also available for inspection by the public and copies thereof, or extracts therefrom certified to be correct, are also available for sale to the public at a reasonable price at the place so named, namely :]
(i) a report on the existing-land-use map and the surveys carried out for the purpose of preparation of the draft plan ;
(ii) maps, charts and a report explaining the provisions of the draft Development plan ;
8[(ii-a) map showing the planning units or sectors unalterable till the Development plan is revised ;]
(iii) regulations for enforcing the provisions of the draft Development plan and explaining the manner in which the permission for developing any land may be obtained from the Planning Authority or the said officer, as the case may be ;
(iv) a report of the stages of development by which it is proposed to meet any obligation imposed on the Planning Authority by the draft Development plan ;
(v) an approximate estimate of the cost involved in acquisition of lands required by the Planning Authority for the public purposes, and also cost of works, as may be necessary.
S.27 Provision of Regional plan to be considered.
Where any area within the jurisdiction of a Planning Authority is included in a Region, the Planning Authority or as the case may be, the said Officer shall have regard to, and be guided by, the proposals made in any draft Regional plan or any final Regional plan, as the case may be, while preparing the draft Development plan :
Provided that, where the Planning Authority or the said Officer is of the opinion that
any provision of a draft Regional plan or the final Regional plan, as the case may be needs any modification, the Planning Authority or as the case may be, the said Officer may
carry out such modification-
(a) in the case of a draft Regional plan, with the concurrence of the Regional Board ; and
(b) in the case of a final Regional plan, with the approval of the State Government.
S.28 Objections to draft Development plan.
(1) Subject to the provisions of this Act, if within the time allowed under subsection (1) of section 26 any person communicates in writing to the Planning Authority or the said Officer any suggestion or objection relating to the draft Development plan,
the Planning Authority or the said officer may, after considering the report of the Planning
Committee under sub-section (2) and the suggestions or objections received by it or him, modify or change the plan in such manner as it or he thinks fit.
(2) The Planning Authority or the said Officer shall forward all objections and suggestions received by it to a Planning Committee 1[consisting of three members of the Standing Committee of the Planning Authority and such additional number of persons, not exceeding four, 2[appointed by the Direector of Town Planning having special knowledge or practical experience of matters relating to town and country planning or
environment or relating to both] for consideration and report :
Provided that, where a Planning Authority is not a local authority, the Planning Committee shall consist of such members as the Planning Authority 3 * * * may determine:
4[Provided futher that, where the Divisional Joint Director or Deputy Director of the
Town Planning and Valuation Department or an Officer nominated by him under subsection (4) of section 21, as the case may be, exercises the powers and perfoms the duties of the Planning Authority, then the Planning Committee may consist of such Divisional Joint Director or Deputy Director or, as the case may be, of such officer.]
5[6[Provided also that], where the State Government or any person or persons appointed under section 162, exercise the powers and perform the duties of a Planning Authority or Development Authority, then the Planning Committee may consist of the State Government or the person or persons so appointed:]
7[Provided also that, the Planning Committee contemplated in the preceding provisos shall also consist of such additional number of persons, not exceeding four, appointed by
8[the Director of Town Planning] having special knowledge or practical experience of matters relating to town and country planning or environment or relating to both].
(3) The Planning Committee, 9* * * * shall, on receipt of objections and
suggestions, make such enquiry as it 10* * * may consider necessary, and give a
reasonable opportunity of being heard to any person including representatives of
Government departments who may have filed any objection or made any suggestions in
respect of the draft Development plan and after considering the same, the Planning
Committee shall submit its report to the Planning Authority or as the case may be, the
said Officer 11[within a period of two months from the date of its appointment or within
such extended period as the Planning authority may specify] 12* * *.
13[(4) Not later than two months, after the receipt of the report of the Planning Committee, the Planning Authority or the said officer shall consider the report including the objections and suggestions received by it or him and make a list of such modifications or changes and carry out the same in the draft Development plan, as it or he may consider proper. The Planning Authority or the said officer shall publish, in the Official Gazette and in not less than two local newspapers, the list of modifications or changes made in the draft Development plan for information of the public.]
S.30 Submission of draft Development plan.
(1) The Planning Authority or as the case may be, the said Officer shall submit the draft Development Plan 1[along with the list of modifications or changes made in the draft Development plan under sub-section (4) of section 28 to the State Government for sanction within a period of six months] 2[from the date of publication of the notice in the Official Gazette regarding its preparation] under section 26 :
3[Provided that, the State Government may, on an application by a Planning Authority or the said officer, by an order in writing, and for adequate reasons which shall be recorded, extended from time to time, the said period by such futher period as may be specified in the order, but not in any case exceeding.-
(i) twenty-four months, in the aggregate, in case of Municipal Corporation having population of one crore or more, as per the latest census figures ;
(ii) twelve months, in the aggregate in case of Municipal Corporation having population of ten lakhs or more but less than one crore, as per the latest census figures ; and
(iii) six months, in the aggregate, in any other case.]
(2) The 4[particulars referred to in] sub-section (2) of section 26 shall also be submitted to the State Government.
S.31 Sanction to draft Development plan.
(1) Subject to the provisions of this section, and not later than 1[six months] from the date of receipt of such plan from the Planning Authority, or as the case may be, from the said Officer, 2* * * * the State Government may, after consulting the Director of Town Planning by notification in the Official Gazette sanction the draft Development plan submitted to it for the whole area, or separatley for any part thereof, either without modification, or subject to such modifications as it may consider proper, or return the draft Development plan to the Planning Authority, or as the case may be, the said Officer for modifying the plan as it may direct or refuse to accord sanction and direct the Planning Authority or the said Officer to prepare a fresh Development plan :
3[Provided that, the State Government may, if it thinks fit, whether the said period has expired or not, extend from time to time, by notification in the Official Gazette, the period for sanctioning the draft Development plan or refusing to accord sanction thereto, by such futher period not exceeding,-
(i) twenty-four months, in the aggregate, in case, the area of such Development plan falls in the jurisdiction of a Metropolitan Planning Committee constituted under the Maharashtra Metropolitan Planning Committee (Constitutions and Functions) (Continuance of Provisions) Act, 1999 (Mah. V of 2000) ;
(ii) twelve months, in the aggregate, in any other case, as may be specified in such notification:]
4[Provided further that, where the modifications proposed to be made by the State Government or submitted by the Planning Authority under section 30 and proposed to be approved by the State Government without any further change are of a substantial nature with respect to the draft Development plan published under section 26, the Government shall publish a notice in the Official Gazette and also in not less than two local newspapers inviting objections and suggestions from any person in respect of the proposed modifications within a period of one month, from the date of such notice : ]
5[Provided also that, if the Government does not publish its decision by notification in the Official Gazette, regarding sanctioning the draft Development plan submitted to it, for the whole area, or separately for any part thereof, either without modification, or subject to such modifications as it may consider proper, or return the draft Development plan to the Planning Authority, or as the case may be, the said Officer for modifying the plan as it may direct or refuse to accord sanction and direct the Planning Authority or the said Officer to prepare a fresh Development plan, within the period under this section, such draft Development plan shall be deemed to have been sanctioned as submitted to the Government under section 30, on the date immediately following the date of expiry of the period under this section :
Provided also that, where any modification submitted by the Planning Authority or,
as the case may be, the said Officer, under section 30 is of substantial nature with respect
to the draft Development plan published under section 26, such modification shall not be
deemed to have been sanctioned and the Government shall publish a notice regarding
such modifications of substantial nature and the provisions relating to publication of the
notice in the Official Gazette and two local newspapers for obtaining suggestions and objections as stipulated in the second proviso, shall apply.]
(2) The State Government may appoint an officer of rank not below that of a 6[Group A officer] and direct him to hear any such person in respect of such objections and suggestions and submit his report thereon to the State Government 7[within one year from the date of publication of notice under second proviso to sub-section (1)].
(3) The State Government shall before according sanction to the draft Development plan take into consideration such objections and suggestions and the report of the officer:
8[Provided that, the time-limits as provided in sub-sections (1) and (2) shall not apply for according sanction to the modifications published under sub-section (1) :
Provided further that, the Government shall take final decision regarding such
modifications within one year from the date of receipt of the report from the officer
appointed under sub-section (2).]
(4) The State Government shall fix in the notification under sub-section (1) a date not earlier than one month from its publication on which the final Development plan shall come into operation.
9[(4A) The State Government may, by notification in the Official Gazette, delegate all the powers and functions under this section to the Director of Town Planning in such cases and subject to such conditions, if any, as may be specified in such notification.]
(5) If a Development plan contains any proposal for the designation of any land for a purpose specified in clauses (b) and (c) of section 22, and if such land does not vest in the Planning Authority, the State Government shall not include that purpose in the Development plan, unless it is satisfied that the Planning Authority will be able to acquire such land by private agreement or compulsory acquisition not later than ten years from the date on which the Development plan comes into operation.
(6) A Development plan which has come into operation shall be called the "final Development plan" and shall, subject to the provisions of this Act, be binding on the Planning Authority.
S.32 Interim Development plan.
(1) Pending the preparation of a draft Development plan, a Planning Authority may, where it considers it expedient, and shall, when so directed by the State Government, prepare 1* * an interim Development plan for the entire area within the jurisdiction of the Planning Authority, or for any part thereof 2[and publish a notice in the Official Gazette and in such other manner as may be prescribed regarding its preparation]; and thereupon, the provisions of sections 25, 26, 27, 28, 3* * 30 and 31 shall, so far as may be, but subject to the provisions of this sections, apply in relation to such interim Development plan as they apply in relation to the preparation 4[and publication of notice] of a Development plan.
(2) The Planning Authority shall prepare 5[ such plan and publish the notice referred to in sub-section (1)] not later than one year from the date of notice in the Official Gazette of its declaration of intention to prepare a draft Development plan or not later than such further period not exceeding twelve months as may be extended by the State Government.
(3) The interim Development plan shall provide only for matters mentioned clauses (a), (b) and (c) of section 22, and if necessary, such other matters of that section as the Planning Authority may decide to include or as may be directed by the State Government.
(4) The interim Development plan shall consist of such maps and such descriptive matter as the Planning Authority may consider necessary to explain and illustrate the proposals made in such plan.
S.33 Plans for areas of Comprehensive development.
(1) Any time after 1[the publication of notice regarding preparation] of draft Development plan under section 26, a Planning Authority may prepare plan or plans showing proposals for the development of an area or areas which in the opinion of the Planning Authority should be developed or re-developed as a whole (hereinafter referred to as " the area or areas of Comprehensive development") ; and in particular, such plans shall provide for-
(a) detailed development of specific areas for urban renewal, housing, shopping centres, industrial areas, civic centres, educational and cultural institutions ;
(b) control of architectural features, elevation and frontage of buildings and structures ;
(c) dealing satisfactorily with areas of bad layout, obsolete development and slum areas and re-location of population ;
(d) open spaces, gardens, playgrounds and recreation areas.
(2) When the plans for an area or areas of Comprehensive development are prepared, whether or not separately, the Planning Authority shall follow the same procedure before submission of these plans to the State Government for sanction as is provided by sections 25, 26, 27, 28, 2* * 30 and 31 as respect a draft Development plan and submit such plan or plans from time to time to the State Government for sanction, along with a report-
(a) explaining the proposals and the stages of the development programme by which it is proposed to execute the plan or plans ;
(b) giving an appropriate estimate of the cost involved in executing the proposals of the plan or plans.
(3) The State Government may, after consulting the Director of Town Planning by notification in the Official Gazette, sanction the plan or plans for the area or areas of Comprehensive development either without, or subject to such, modifications as it may
consider necessary not later than three months of the date of receipt of such plans from
the Planning Authority or not later than such further period as may be extended by the
State Government.
S.34 Preparation of Development plan for additional area.
(1) If at any time after a Planning Authority has declared its intention to prepare a Development plan or after a Development plan prepared by a Planning Authority has
been sanctioned, the jurisdiction of the Planning Authority is extended by inclusion of
an additional area, the Planning Authority shall make a fresh declaration of intention to
prepare a Development plan for the additional area; and after following the provisions of
this Act for the preparation of a draft Development plan, 1[prepare a draft Development
plan and publish a notice regarding its preparation], for such additional area either
separately or jointly with the draft or final Development plan prepared or to be prepared for the area originally under its jurisdiction, and submit it to the State Government for sanction after following the same procedure as is followed for submission of a draft Development plan to the State Government :
Provided that, where a draft Development plan for the additional area requires
modification of the final Development plan or where the State Government directs any such modification, the Planning Authority shall revise the final Development plan after
following the procedure laid down in section 38 so far as may be relevant.
(2) Where any area is withdrawn from the jurisdiction of a Planning Authority the proposals, if any, made for that area so withdrawn in a Development plan shall also be deemed to be withdrawn therefrom.
S.35 Development plans sanctioned by State Government before commencement of this Act.
If any Planning Authority has prepared a Development plan which has been sanctioned by the State Government before the commencement of this Act, then such Development plan shall be deemed to be final Development plan sanctioned under this Act.
S.36 Development plan prepared prior to this Act.
If any Planning Authority has prepared a draft Development plan for the area
within its jurisdiction before the commencement of this Act, such Development plan shall
be deemed to be a draft Development plan for that area for the purposes of this Act, and
thereupon, the foregoing provisions of this Chapter in relation to the submission of draft
Development plan to the State Government for sanction shall mutatis mutandis apply.
S.37 Minor modification of final Development plan.
37. 1[Modification] of final Development plan.-(1) Where a modification of any part of or any proposal made in, a final Development plan 2 * * *, the Planning Authority may, or when so directed by the State Government 3[shall, within ninety days from the date of such direction, publish a notice in the Official Gazette4[and in such other manner as may be determined by it] inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice ; and shall also serve notice on all persons affected by the proposed modification and after giving a hearing to any such persons, submit the proposed modification (with amendments, if any,) 5[to the State Government for sanction within one year from the date of publication of notice in the Official Gazette. If such modification proposal is not submitted within the period stipulated above, the proposal of modification shall be deemed to have lapsed:
Provided that, such lapsing shall not bar the Planning Authority from making a fresh proposal.]
6[(1A) If the Planning Authority fails to issue the notice as directed by the State Government, the State Government shall issue the notice, and thereupon the provisions of sub-section (1) shall apply as they apply in relation to a notice to be published by a Planning Authority.]
7[(1AA)(a) Notwithstanding anything contained in sub-sections (1), (1A) and (2), where the State Government is statisfied that in the public interest it is necessary to carry out urgently a modification of any part of, or any proposal made in, a final Development plan of such a nature that it will not change the character of such Development plan, the State Government may, on its own, publish a notice in the Official Gazette, and in such other manner as may be determined by it, inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice and shall also serve notice on all persons affected by the proposed modification and the Planning Authority.
(b) The State Government shall, after the specified period, forward a copy of all such objections and suggestions to the Planning Authority for its say to the Government within a period of one month from the receipt of the copies of such objections and suggestions from the Government.
(c) The State Government shall, after giving hearing to the affected persons and the Planning Authority and after making such inquiry as it may consider necessary and consulting the Director of Town Planning, by notification in the Official Gazette, publish the approved modifications with or without changes, and subject to such conditions as it may deem fit, or may decide not to carry out such modification. On the publication of the modification in the Official Gazette, the final Development plan shall be deemed to have been modified accordingly.]
8[(1-B) Notwithstanding anything contained in sub-section (1), if the Slum Rehabilitation Authority appointed under section 3A of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 is satisfied that a modification of any part of, or any proposal made in, a final Development plan is required to be made for implementation of the Slum Rehabilitation Scheme declared under the said Act, then, it may publish a notice in the Official Gazette, and in such other manner as may be determined by it, inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice ; and shall also serve notice on all persons affected by the proposed modification, and after giving a hearing to any such persons, submit the proposed modification (with amendments, if any) to the State Government for sanction.]
(2) The State Government may, 9[make such inquiry as it may consider necessary] and after consulting the Director of Town Planning by notification in the Official Gazette, sanction the modification 10* * * with or without such changes, and subject to such conditions as it may deem fit or refuse to accord sanction. If a modification is sanctioned, the final Development plans shall be deemed to have been modified accordingly.
S.37A Power of State Government or Planning Authority to permit temporary change of user.
1[37A. Power of State Government or Planning Authority to permit temporary change of user. - Notwithstanding anything contained in this Act or any other law for the time being in force, or in any judgement, order or direction of any Court or any draft or final Development plan, the State Government or the Planning Authority may, in respect of any plot of land reserved, designated or allocated for the purpose of playground in such draft or final Development plan, which is in the possession of the State Government or the Planning Authority, by an order issued from time to time, permit any organisation, body of persons or association to use such play-ground for functions organised on the occasions of Independence Day, Republic Day, Maharashtra Day and similar National events, and the Jayanties or Punnyatithies of National Leaders 2[, religious functions and public meetings], on terms and conditions specified by the State Government or the Planning Authority, as the case may be, in such order, for a period not exceeding 12 days at a time and 5[in any case not exceeding forty-five days in the aggregate, in a calender year] ; and such use shall not be deemed to be a change of user:]
4[Provided that, temporary use of any plot of land, reserved, designated or allocated for the purpose of play-ground, for management of any disaster or emergency such as
Helipad or other essential use, shall also not be deemed to be a change of user.]
S.38 Revision of Development plan.
At least once in 1[twenty years] from the date on which a Development plan has come into operation, and where a Development plan is sanctioned in parts, then at least once in 2[twenty years] from the date on which the last part has come into operation, a Planning Authority may 3[and shall at any time when so directed by the State Government], revise the Development plan 4[(either wholly, or the parts separately)] after carrying out, if necessary, fresh survey and preparing an existing-land-use map of the area within its jurisdiction, and the provisions of sections 5* * * 22, 23, 24, 25, 26, 27, 28, 6* * 30 and 31 shall, so far as they can be made applicable, apply in respect of such revision of the Development plan.
S.39 Variation of town planning scheme by the Development plan.
Where a final Development plan contains proposals which are in variation, or
modification of those made in a town planning scheme which has been sanctioned by the
State Government before the commencement of this Act, the Planning Authority shall vary such scheme suitably under section 92 to the extent necessary by the proposals made in the final Development plan.
S.40 Special Planning Authority for developing certain notified areas.
1[40. Special Planning Authority for developing certain 2[notified areas].- (1) The State Government may, by notification in the Official Gazette 3* * * for any undeveloped area specified in the notification in this Act referred to as the notified area either-
(a) 4[constitute an authority consisting of] a Chairman, a Vice-Chairman, a member of the Maharashtra Legislative Assembly representing the notified area, one member representing the municipal area, if any, included in the notified area, the Deputy Director of Town Planning, and the Executive Engineer, Public Health Works Division, each having jurisdiction over the notified area, and an officer not below the rank of an Assistant Collector; or
5[(aa) appoint the Authority constituted under the Maharashtra Housing and Area Development Act, 1976 (Mah. XXVIII of 1977) or]
(b) appoint any Development Authority declared under sub-section (3A) of section 113, 6[or
(c) appoint the Bombay Metropolitan Region Development Authority establish under the Bombay Metropolitan Region Development Authority Act, 1974 (Mah. IV of 1975) to be the Special Planning Authority for developing the notified area.]
7[(1A) Notwithstanding anything contained in sub-section (1), any area where Chapter VI of the Maharashtra Industrial Development Act, 1961 (Mah. III of 1962) (hereinafter, in this section, referred to as "the said Act"), applies, or any other area comprising Government land handed over to the Maharashtra Industrial Development Corporation established under section 3 of the said Act, shall be deemed to be "the notified area"; and the Maharashtra Industrial Development Corporation shall be the Special Planning Authority in respect of such notified area, and shall be deemed to have been appointed as such under this section for the purposes of this Act :
Provided that, at any time, as provided in the first proviso to sub-section (3) of section 1 of the said Act, where the State Government by notification in the Official Gazette, directs that the said Chapter VI shall cease to be in force in that area or any part thereof, from the date specified in such notification, then from such date, the said area or part thereof, as the case may be, shall cease to be the notified area and the Maharashtra Industrial Development Corporation shall cease to be the Special Planning Authority for the purposes of this Act for such area or part thereof :
Provided further that, the provisions of clauses (e) and (f) of sub-section (3) or of sections 116, 117, 126, 127 and Chapter VIII shall not be applicable to such Special Planning Authority.]
8[(1B) Notwithstanding anything contained in sub-section (1), the State Government may, by notification in the Official Gazette, appoint any agency or authority created by or in accordance with Government order or instrument, or any company or corporation established by or under any State or Central law, to be the Special Planning Authority for any notified area.]
(2) The Chairman and Vice-Chairman of the Special Planning Authority constituted under clause (a) of sub-section (1) shall be appointed by the State Government ; but if any municipal area forms part of any notified area, then the President of the Municipal Council of such municipal area shall be the Vice-Chairman. The Officer not below the rank of an Assistant Collector shall be the Secretary and Chief Executive Officer.
(3) 9[The] provisions of Chapter VI of this Act shall, subject to the provisions of this section and section 41, apply mutatis mutandis to the Special Planning Authority as they apply in relation to a Development Authority, as if the notified area were a new town subject to the following modification, namely :-
(a) in section 113-
(i) in sub-section (6), after the words "Regional Board" the words and figure "with the modification that section 8 shall not apply in relation to notified area" shall be added ;
(ii) to sub-section (8), the following proviso shall be added, namely :-
"Provided that, it shall not be necessary for a Special Planning Authority to make any development plan or town planning scheme for any notified area for the purpose of carrying out its objects under this Act. It may submit its proposals for the development of the land in the notified area (being land either vesting in it or land which has been acquired or is proposed to be acquired under section 116) as provided in section 115." ;
(b) section 113A shall be omitted ;
(c) in section 114,-
(1) in sub-section (1),-
(i) the words, figures and letter "subject to the provisions of section 113A" shall be omitted ;
(ii) in the proviso, for the words, brackets and figures "constituted under sub-section (2) of section 113" the words,", unless empowered by the State Government so to do," shall be substituted ;
(2) in sub-section (2), in the proviso, in clause (a), for the portion beginning with the word "constituted" and ending with the words "such Authority", the following shall be substituted, namely :-
"and if both the Chairman and Vice-Chairman are not available, with such officer or officers as may be authorised by such Authority.";
(d) for section 115, the following shall be substituted, namely :-
"115. Planning and control in notified area.- 10[(1)] A Special Planning Authority shall, from time to time, submit to the State Government its proposals for the development of land (being land either belonging to, or vesting in, it or acquired or proposed to be acquired under section
116), and the State Government may, after consultation with the Director of Town
Planning, approve such proposals either with or without modification.
11[(2) Before submitting the proposals to the State Government, the Special Planning Authority shall carry out a survey and prepare an existing land-use map of the area, and prepare and publish the draft proposals for the lands within its jurisdiction together with a notice in the Official Gazette and local newspapers in such manner as the Special Planning Authority may determine, inviting objections and suggestions from the public within a period of not more than 30 days from the date of notice in the Official Gazette. The Special Planning Authority may, if it thinks fit, give individual notices to persons affected by the draft proposals.
(3) The Special Planning Authority may after duly considering the objections or suggestions, received by it, if any, and after giving an opportunity, to persons affected by such draft proposals of being heard modify its proposals, if necessary, and then submit them to the State Government for its approval. The orders of the State Government approving such proposals shall be published in the Official Gazette.]";
(e) for section 116, the following shall be substituted, namely :-
"116. Power of Special Planning Authority to acquire land in notified area.- Every Special Planning Authority shall have all the powers of a Planning Authority under this Act as provided in Chapter VII for the purposes of acquisition
of such land in the notified area as it considers to be necessary for the purpose of development in that area either by agreement or 12[under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013], or any land adjacent to such area which is required for the development of the notified area and land whether adjacent to that area or not which is required for provision for services or amenities for the purposes of the notified area".;
(f) for section 117, the following shall be substituted, namely :-
"117. Obligation to purchase land in notified area.- Where any land has not been acquired within a period of ten years from the date of a notification under sub-section (1) of section 40, any owner of the land may, by notice in writing served on the Special Planning Authority, require it to
acquire his interest therein ; and thereupon, the provision of section 127 providing for lapsing of reservations shall apply in relation to such land as they apply in relation to land reserved under any plan under this Act.";
(g) in section 122, in sub-section (1), the words, brackets and figures "constituted under sub-section (2) of section 113" shall be omitted.
(4) In preparing and submittting its proposals for developing any land under section 115 and in approving them under that section, the Special Planning Authority and the State Government shall take particular care to take into consideration the provisions of any draft or final Regional Plan, draft or final development plan; or any draft or final town planning scheme, or any building bye-laws or regulations, which may already be in force in the notified area or in any part thereof.
(5) Where any proposals for development of any land are approved by the State Government under section 115, the provisions of the proposals approved by the State
Government shall be final, and shall prevail, and be deemed to be in force, in such notified area; and to that extent the provisions of any such plan or scheme applicable to and in force in the notified area or any part thereof shall stand modified by the proposals approved by the State Government.]
S.41 Expenses of Special Planning Authority to be met by contribution by local authorities.
(1) The State Government shall by an order in writing determine the amount which a local authority or each of the local authorities in respect of whose area the Special Planning Authority has been constituted shall pay as contribution either in lump sum or in such instalments as may be specified in the order, for meeting the expenses of the Special Planning Authority for the purposes of this Act.
(2) Not later than thirty days of the receipt of the order under sub-section (1), the local authority or local authorities shall pay to the Special Planning Authority the amount of contribution specified in the order in the manner indicated therein :
Provided that, where the local authority or authorities fail to pay such amount of contribution the State Government shall, on receipt of necessary intimation from the Special Planning Authority, recover it from the local authority or authorities and pay it to the Special Planning Authority. 1[lf any 2[local authority] fails to pay any sum under sub-section (1), the State Government may make an order directing any person who for the time being has custody of any moneys on behalf of the 3[local authority] as its officer, treasurer, banker or otherwise to make the payment from such moneys as he may have in his hands or may from time to time receive either in one instalment or in any such number of instalments as may be specified in the order ; and such person shall be bound to obey the order. Every payment made pursuant to such order shall be a sufficient discharge to such person from all liability to 4[local authority] in respect of any sum or sums so paid by him out of the money of the 5[local authority] held or received by him.]
S.42 Implementation of plans.
On the coming into operation of any plan or plans referred to in this Chapter, it
shall be the duty of every Planning Authority to take such steps as may be necessary to
carry out the provisions of such plan or plans.
S.42A Declaration of development area.
1[CHAPTER III-A
AREA DEVELOPMENT AUTHORITY
(1) The State Government may, for the purpose of securing planned
development of areas within the State, declare by notification in the Official Gazette, any area in the State to be a development area.
(2) Every notification issued under sub-section (1) shall define the limits of the area to which it relates.
(3) The State Government may, by notification in the Official Gazette, amalgamate two or more development areas into one development area, sub-divide any development area into different development areas and include such sub-divided areas in any other development area.
S.42B Exclusion of whole or part of development area from operation of Act.
(1) The State Government may, by notification in the Official Gazette, withdraw from operation of the relevant provisions of this Act, the whole or part of any development area declared under section 42A.
(2) Where any notification is issued under sub-section (1) in respect of any development area or part thereof, the relevant provisions of this Act and all notifications, rules, regulations and orders made or directions issued and powers conferred thereunder, shall cease to apply to the said area or, as the case may be, part thereof.
S.42C Constitution of Area Development Authority.
(1) As soon as may be, after the declaration of a development area under section 42A, the State Government shall, by notification in the Official Gazette, constitute an authority for such area to be called the Area Development Authority of that development area for the purpose of carrying out the functions assigned to an Area Development Authority under this Act.
(2) Every Area Development Authority constituted under sub-section (1) shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and by the said name sue and be sued.
(3) An Area Development Authority shall consist of the following members, namely :- |
|---|
| (a) | Guardian Minister of the concerned Chairman | Chairman ; |
| (b) | The Presidents of Zilla Parishads and Chairman of Panchayat Samitis Members ; functioning in the development area or in any part thereof | Ex officio Members ; |
| (c) | Mayors of Municipal Corporations and Presidents of Municipal Councils, functioning in the development area or in any part thereof, | Ex officio Members ; |
| (d) | Municipal Commissioners of Municipal Corporations and Chief Officers of ; Municipal Councils, functioning in the development area or in any part thereof, | Ex officio Members; |
| (e) | The Collectors of Districts or their representatives not below the rank of ; Deputy Collector having jurisdiction over the development area or in any part thereof, | Ex officio Members ; |
| (f) | Chief Executive Officers of Zilla Parishads or their representatives not ; below the rank of Deputy Chief Executive Officer, functioning in the development area or in any part thereof, | Ex officio Members ; |
| (g) | The Chief Engineer of Maharashtra Jeevan Authority or his representative ; not below the rank of Superintending Engineer having jurisdiction over the development area or in any part thereof, | Ex officio Members ; |
| (h) | Settlement Commissioner and Director of Land Records or his nominee not ; below the rank of Deputy Director of Land Records having jurisdiction over the development area or in any part thereof, | Ex officio Members ; |
| (i) | Chief Executive Officer not below the rank of Joint Director of Town Planning or an Officer appointed by Government for Metropolitan Area and Deputy Director of Town Planning elsewhere, to
be appointed by the State Government. | Member Secretary. |
(4) The provisions of sections 9, 10 and 11 of this Act shall mutatis mutandis apply to an Area Development Authority constituted under sub-section (1) as they apply in relation to a Regional Planning Board.
S.42D Appointment of Government Company, etc., as Area Development Authority.
The State Government may, instead of constituting an Area Development Authority for a development area, appoint any agency or authority or any company or corporation established by the State or Central Government to be the Area Development Authority for any development area.
S.42E Control by Metropolitan Planning Committee and District Planning Committee.
(1) Every Area Development Authority constituted under section 42C or
appointed under section 42D shall carry out such directions or instructions as may be issued, from time to time, by the Metropolitan Planning Committee or the District Planning Committee, as the case may be, within whose jurisdiction the notified area of the Area Development Authority, is situated :
Provided that, if the notified area of an Area Development Authority is situated in the
jurisdiction of a Metropolitan Planning Committee and also of a District Planning Committee, the directions issued by the Metropolitan Planning Committee shall prevail over the directions issued by the District Planning Committee.
(2) Any dispute between the Area Development Authority and the Metropolitan Planning Committee or, the District Planning Committee, as the case may be, shall be referred to the State Government whose decision thereon shall be final.
(3) In the discharge of its duties, the Area Development Authority shall be bound by the directions issued by the State Government.
S.42F Powers and functions of Area Development Authority.
(1) The powers and functions of an Area Development Authority shall be,-
(i) to undertake the preparation and execution of town planning schemes having regard to the draft development plan prepared by the Metropolitan Planning Committee or the District Planning Committee, as the case may be, under the provisions of this Act ;
(ii) to carry out surveys in the development area for the preparation of town planning schemes ;
(iii) to control the development activities in accordance with the development plan and town planning schemes in the development area excluding the area under the jurisdiction of a local authority, which is permitted to execute the functions of a Planning Authority, in the manner provided for in Chapter IV ;
(iv) to levy and collect such scrutiny fees for scrutiny of proposals submitted to the Area Development Authority for permission for development in accordance with the regulations, made in that behalf ;
(v) to enter into contracts, agreements or arrangements, with any person or organization as the Area Development Authority may deem necessary for performing its functions ;
(vi) to acquire, hold, manage and dispose of property, movable or immovable, as the Area Development Authority may deem necessary, subject, however, to the rules or regulations, if any, made in that behalf ;
(vii) to execute works in connection with supply of water, disposal of sewerage and provision of other services and amenities ;
(viii) to levy and collect such fees, for the execution of work referred to in clause(vii) and for provision of other services and amenities, as may be specified by the regulations ;
(ix) to exercise such other powers and perform such other functions as are supplemental, incidental or consequential to any of the forgoing powers and functions or as may be directed by the State Government.
(2) The Area Development Authority shall be a Planning Authority for the area under its jurisdiction excluding the area under jurisdiction of a local authority under this Act which is permitted to execute the functions of a Planning Authority.
(3) On the constitution or, as the case may be, appointment of an Area Development Authority for any development area, the following consequences shall ensue, namely:-
(i) the authority or authorities functioning within the development area immediately before such constitution or appointment shall cease to exercise the powers and perform the functions and duties which the Area Development Authority is competent to
exercise and perform under this Act ;
(ii) the provisions of Chapters VI-A, VIII and IX along with the First and Second Schedule of this Act shall apply to the Area Development Authority, as if it was a New Town Development Authority ;
(iii) the provisions of section 21 shall not apply to the Area Development Authority.
(4) The Area Development Authority, may, with the approval of the State Government, delegate any of its powers and functions to any authority or authorities functioning within its jurisdiction.
(5) The Area Development Authority, shall have its office at such place as the State Government may, by order, specify.
S.42G Expenses of Area Development Authority.
(1) The State Government shall, by an order in writing determine the amount which an authority or authorities functioning in the development area shall pay as contribution, either in one lump sum or in instalments as may be specified in the order, towards the expenses incurred by an Area Development Authority, in the discharge of
its functions.
(2) The authority, in respect of whom the order under sub-section (1) has been issued by the State Government, shall not later than six months from the receipt of the order under sub-section (1), pay to the Area Development Authority, concerned, the amount of contribution specified in the order in the manner indicated therein and if such authority fails to so pay such amount, the State Government shall, on receipt of necessary intimation from the Area Development Authority, recover the same from such authority, in the manner as the State Government may decide and pay it to such Area Development Authority.]
S.43 Restrictions on development of land.
After the date on which the declaration of intention to prepare a Development
plan for any area is published in the Official Gazette 1[or after the date on which a notification specifying any undeveloped area as a notified area, or any area designated
as a site for a new town, is published in the Official Gazette], no person shall institute or change the use of any land or carry out any development of land without the permission in writting of the Planning Authority :
Provided that, no such permission shall be necessary-
(i) for carrying out works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance thereof 2[except in case of heritage building or heritage precinct;]
(ii) the carrying out of works in compliance with any order or direction made by any authority under any law for the time being in force ;
(iii) the carrying out of works by any authority in exercise of its powers under any law for the time being in force ;
(iv) for the carrying out by the Central or the State Government or any local authority of any works-
(a) required for the maintenance or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street ;
(b) for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cable, telephone or other apparatus including the breaking open of any street or other land for that purpose ;
(v) for the excavation (including wells) made in the ordinary course of agricultural operation ;
(vi) for the construction of a road intended to give access to land solely for agricultural purposes ;
(vii) for normal use of land which has been used temporarily for other purposes;
(viii) in case of land, normally used for one purpose and occasionally used for any other purpose, for the use of land for that other purpose on occasions;
(ix) for use, for any purpose incidental to the use of a building for human habitation of any other building or land attached to such building.
S.44 Application for permission for development.
1[(1)] Except as otherwise provided by rules made in this behalf, any person not being Central or State Government or local authority intending to carry out any development on any land shall make an application in writing to the Planning Authority
for permission in such form and containing such particulars and accompanied by such
documents, as may be prescribed :
2[Provided that, save as otherwise provided in any law, or any rules, regulations or by-laws made under any law for the time being in force, no such permission shall be necessary for demolition of an existing structure, erection or building or part thereof, in
compliance of a statutory notice from a Planning Authority or a Housing and Area Development Board, the Bombay Repairs and Reconstruction Board or the Bombay Slum Improvement Board established under the Maharashtra Housing and Area Development Act, 1976 (Mah. XXXVIII of 1977)].
3[(2) Without prejudice to the provisions of sub-section (1) or any other provisions of this Act, any person intending to execute 4[an Integrated Township Project] on any land, may make an application to the State Government, and on receipt of such application the State Government may, after making such inquiry as it may deem fit in that behalf, grant such permission and declare such project to be 5[an Integrated Township Project] by notification in the Official Gazette or, reject the application.]
S.45 Grant or refusal of permission.
(1) On receipt of an application under section 44 the Planning Authority may, subject to the provisions of this Act, by order in writing-
(i) grant the permission, unconditionally ;
(ii) grant the permission, subject to such general or special conditions as it may impose with the previous approval of the State Government ; or
(iii) refuse the permission.
(2) Any permission granted under sub-section (1) with or without conditions shall be contained in a commencement certificate in the prescribed form.
(3) Every order granting permission subject to conditions, or refusing permission shall state the grounds for imposing such conditions or for such refusal.
(4) Every order under sub-section (1) shall be communicated to the applicant in the manner prescribed by regulations.
(5) If the Planning Authority does not communicate its decision whether to grant or refuse permission to the applicant within sixty days from the date of receipt of his
application, or within sixty days from the date of receipt of reply from the applicant in
respect of any requisition made by the Planning Authority, whichever is later, such
permission shall be deemed to have been granted to the applicant on the date immediately
following the date of expiry of sixty days :
1[Provided that, the development proposal, for which the permission was applied for, is strictly in conformity with the requirements of all the relevant Development Control Regulations framed under this Act or bye-laws or regulations framed in this behalf under any law for the time being in force and the same in no way violates either the provisions
of any draft or final plan or proposals published by means of notice, submitted for sanction
under this Act :
Provided further that, any development carried out in pursuance of such deemed
permission which is in contravention of the provisions of the first proviso, shall be deemed
to be an unauthorised development for the purposes of sections 52 to 57.]
2[(6) The Planning Authority shall, within one month from the date of issue of commencement certificate, forward duly authenticated copies of such certificate and the sanctioned building or development plans to the Collector concerned.]
S.46 Provisions of Development plan to be considered before granting permission.
The Planning Authority in considering application for permission shall have due regard to the provisions of any draft or final plan 1[or proposal] 2[published by means of notice] 3[submitted] or sanctioned under this Act:
4[Provided that, if the Development Control Regulations for an area over which a Planning Authority has been appointed or constituted, are yet to be sanctioned, then in considering application for permission referred to in sub-section (1), such Planning Authority shall have due regard to the provisions of the draft or sanctioned Regional plan, till the Development Control Regulations for such area are sanctioned:
Provided further that, if such area dose not have draft or sanctioned Regional plan,
then Development Control Regulations applicable to the area under any Planning Authority, as specified by the Government by a notification in the Official Gazette, shall apply till the Development Control Regulations for such area are sanctioned.]
(1) Any appilcant aggrieved by an order granting permission on conditions or refusing permission under section 45 may, within forty days of the date of communication of the order to him, prefer an appeal to the State Government or to an officer appointed by the State Government in this behalf, being an officer not below the rank of a Deputy Secretary to Government ; and such appeal shall be made in such manner and accompained by such fees (if any) as may be prescribed.
(2) The State Government or the officer so appointed may, after giving a reasonable opportunity to the appellant and the Planning Authority to be heard, by order dismiss
the appeal, or allow the appeal by granting permission unconditionally or subject to the
conditions as modified.
S.48 Lapse of permission.
Every permission for development granted or deemed to be granted under section
45 or granted under section 47 shall remain in force for a period of one year 1[form the
date of receipt of such grant], and thereafter it shall lapse :
Provided that, the Planning Authority may, on application made to it extend such period
from year to year ; but such extended period shall in no case exceed three years :
2[Provided further that, if the development is not completed upto plinth level or where there is no plinth, upto upper level of basement or stilt, as the case may be, within the period of one year or extended period, under the first proviso, it shall be necessary for the applicant to make application for fresh permission.]
S.49 Obligation to acquire land on refusal of permission or on grant of permission in certain cases.
(1) Where-
(a) any land is designated by a plan as subject to compulsory acquisition, or
(b) any land is allotted by a plan for the purpose of any functions of a Government or local authority or statutory body, or is land designated in such plan as a site proposed to be developed for the purposes of any functions of any such Government, authority
or body, or
(c) any land is indicated in any plan as land on which a highway is proposed to be constructed or included, or
1[(d) any land for the development of which permission is refused or is granted subject to conditions,
and any owner of land referred to in clause (a), (b), (c) or (d) claims-
(i) that the land has become incapable of reasonably beneficial use in its existing state, or
(ii) (where planning permission is given subject to conditions) that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with the conditions ; or]
(e) the owner of the land because of its designation or allocation in any plan claims that he is unable to sell it except at a lower price than that at which he might reasonably have been excepted to sell if it were not so designated or allocated,
the owner or person affected may serve on the State Government within such time and in such manner, as is prescribed by regulations, a notice (hereinafter referred to as "the purchase notice") requiring the Appropriate Authority to purchase the interest in the land in accordance with the provisions of this Act.
(2) The purchase notice shall be accompanied by a copy of any application made by the applicant to the Planning Aurhority, and of any order or decision of that Authority and of the State Government, if any, in respect of which the notice is given.
(3) On receipt of a purchase notice, the State Government shall fortwith call from the Planning Authority and the Appropriate Authority such report or records or both, as may be necessary, which those authorities shall forward to the State Government as soon as possible but not later than thirty days from the date of their requisition.
(4) On receiving such records or reports, if the State Government is satisfied that the conditions specified in sub-section (1) are fulfilled, and that the order or decision for permission was not duly made on the ground that the applicant did not comply with any of the provisions of this Act or rules or regulations, it may confirm the purchase notice, or direct that planning permission be granted without condition or subject to such conditions as will make the land capable of reasonably beneficial use. In any other case,
it may refuse to confirm the purchase notice, but in that case, it shall give the applicant
a reasonable opportunity of being heard.
(5) If within a period of six months from the date on which a purchase notice is served the State Government does not pass any final order thereon, the notice shall be deemed to have been confirmed at the expiration of that period.
2* * * * * * *
3[(7) If within one year from the date of confirmation of the notice, the Appropriate Authority fails to make an application to acquire the land in respect of which the purchase notice has been confirmed as required under section 126, the reservation, designation, allotment, indication or restriction on development of the land shall be deemed to have lapsed ; and thereupon, the land shall be deemed to be released from the reservation,
designation, or, as the case may be, allotment, indication or restriction and shall become available to the owner for the prupose of development otherwise permissible in the case of adjacent land, under the relevant plan.]
S.50 Deletion of reservation of designated land for interim draft of final Development plan.
(1) The Appropriate Authority 1[(other than the Planning Authority)], if it is satisfied that the land is not or no longer required for the public purpose for which it is designated or reserved or allocated in the interim or the draft Development plan or plan for the area of Comperhensive development or the final Development plan, may request-
(a) the Planning Authority to sanction the deletion of such designation or reservation or allocation from the interim or the draft Development plan or plan for the area of Comprehensive development, or
(b) the State Government to sanction the deletion of such designation or reservation or allocation from the final Development plan.
(2) On receipt of such request from the Appropriate Authority, the Planning Authority, or as the case may be, the State Government may make an order sanctioning the deletion of such designation or reservation or allocation from the relevant plan :
Provided that, the Planning Authority, or as the case may be, the State Government
may, before making any order, make such enquiry as it may consider necessary and satisfy
itself that such reservation or designation or allocation is no longer necessary in the public
interest.
(3) Upon an order under sub-section (2) being made, the land shall be deemed to be released from such designation, reservation, or, as the case may be, allocation and shall become available to the owner for the purpose of development as otherwise permissible in the case of adjacent land, under the relevant plan.
S.51 Power of revocation and modification of permission to development.
(1) If it appears to a Planning Authority that it is expedient, having regard to the Development plan prepared or under preparation that any permission to develop land
granted 1[or deemed to be granted] under this Act or any other law, should be revoked or modified, the Planning Authority may, after giving the person concerned an opportunity of being heard against such revocation or modification, by order, revoke or modify the permission to such extent as appears to it to be necessary :
Provided that-
(a) where the development relates to the carrying out of any building or other operation, no such order shall affect such of the operations as have been previously carried out;or shall be passed after these operations have substantially progressed or have been completed ;
(b) where the development relates to a change of use of land, no such order shall be passed at any time after the change has taken place.
(2) Where permission is revoked or modified by an order made under sub-section (1) and any owner claims within the time and in the manner prescribed, compensation for the expenditure incurred in carrying out the development in accordance with such permission which has been rendered abortive by the revocation or modification, the
Planning Authority shall, after giving the owner reasonable opportunity of being heard by the Town Planning Officer, and after considering his report, assess and offer, subject to the provisions of section 19, such compensation to the owner as it thinks fit.
(3) If the owner does not accept the compensation and gives notice, within such time as may be prescribed, of his refusal to accept, the Planning Authority shall refer the matter for the adjudication of the court; and the decision of the court shall be final and be binding on the owner and Planning Authority.
S.52 Penalty for unauthorised development or for use otherwise than in conformity with Development plan.
(1) Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development or institutes, or changes the
use of any land-
(a) without permission required under this Act ; or
(b) which is not in accordance with any permission granted or in contravention of any condition subject to which such permission has been granted ;
(c) after the permission for development has been duly revoked ; or
(d) in contravention of any permission which has been duly modified,
shall, on conviction, 1[be punished with imprisonment for a term 2[which shall not be less than one month but which may extend to three years and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees, and in the case of a continuing offence with a further daily fine which may extend to two hundred rupees]] for every day during which the offence continues after conviction for the first commission of the offence.
(2) Any person who continues to use or allows the use of any land or building in contravention of the provisions of a Development plan without being allowed to do so under section 45 or 47, or where the continuance of such use has been allowed under the
section continues such use after the period for which the use has been allowed or without
complying with the terms and conditions under which the continuance of such use is allowed, shall on conviction be punished 3[with fine which may extend to five thousand rupees]; and in the case of a continuing offence, with a further fine which may extend to one hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.
S.52A Provisions relating to certain developments as compounded structure.
1[52A. Provisions relating to certain develapments as compunded structure.- (1) Notwithstanding anything contained in this Act or any other law, for the time being in force, or in any judgment, order or direction of any Court where unauthorised development has been carried out on or before the 31st December 2015, in the area of Development Plan, the State Government may, the requist of the Planning Authority,
specify the terms and conditions, not inconsistent with the rules made in this behalf, on compliance of which and the compounding charges, infrastructure charges and premium on payment of which, the Planning Authority may declare such development as compounded structure.
(2) On declaration of such development as compounded structure under sub-section (1), no further proceeding under any law for the time being in force against the owner or occupier of such structure shall be taken or continued :
Provided that, no furthur development shall be permissible in any compounded
structure, other than repairs and maintenance, and any development or reconstruction
of such structure shall be only as per the provisions of the prevailing Development Control
Regulations.]
S.53 Power to require removal of unauthorised development.
1[(1) (a) Where any development of land has been carried out as indicated in clause (a) or (c) of sub-section (1) of section 52, the Planning Authority may, subject to the provisions of this section, serve on the owner, developer or occupier a prior notice of 24 hours requiring him to restore the land to conditions existing before the said development took place ;
(b) if the owner, developer or occupier fails to restore the land accordingly, the Planning Authority shall immediately take steps to demolish such development and seal the machinery and materials used or being used therefor.
(1A) Where any development of land has been carried out as indicated in clause (b) or (d) of sub-section (1) of section 52, the Planning Authority may, subject to the provisions of this section, serve one months notice on the owner, developer or occupier requiring him to take necessary steps as specified in the notice.]
(2) In particular, such notice may, for purpose of sub-section (1), require-
(a) the demolition or alteration of any building or works ;
(b) the carrying out on land of any building or other operations ; or
(c) the discontinuance of any use of land.
(3) Any person aggrieved by such notice may, within the period specified in the notice and in the manner prescribed, apply for permission under section 44 for retention on the land of any building or works or for the continuance of any use of the land, to which the
notice relates, and pending the final determination or withdrawal of the application, the
mere notice itself shall not affect the retention of buildings or works or the continuance
of such use.
(4) The foregoing provisions of this Chapter shall, so far as may be applicable, apply to an application made under sub-section (3).
(5) If the permission applied for is granted, the notice shall stand withdrawn ; but if the permission applied for is not granted, the notice shall stand ; or if such permission is granted for the retention only of some buildings, or works, or for the continuance of use of only a part of the land, the notice shall stand withdrawn as respects such buildings or
works or such part of the land, but shall stand as respects other buildings or works or
other parts of the land, as the case may be; and thereupon, the owner shall be required
to take steps specified in the notice under sub-section (1) as respects such other buildings, works or part of the land.
(6) If within the period specified in the notice or within the same period after the disposal of the application under sub-section (4), the notice or so much of it as stands is not complied with, the Planning Authority may-
(a) prosecute the owner for not complying with the notice ; and where the notice requires the discontinuance of any use of land any other person also who uses the land or causes or permits the land to be used in contravention of the notice ; and
(b) where the notice requires the demolition or alteration of any building or works or carrying out of any building or other operations, itself cause the restoration of the land to its condition before the development took place and secure compliance with
the conditions of the permission or with the permission as modified by taking such steps as the Planning Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations and recover the amount of any expenses incurred by it in this behalf from the owner as arrears of land revenue.
(7) Any person prosecuted under clause (a) of sub-section (6) shall, on conviction, 2[be punished with imprisonment for a term 3[which shall not be less than one month but which may extend to three years and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees], and in the case of a continuing offence with a further daily fine which may extend to two hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.]
4[(8) The Planning Authority shall, by notification in the Official Gazette, designate an officer of the Planning Authority to be the Designated Officer for the purposes of exercise of the powers of the Planning Authority under this section and sections 54, 55 and 56. The Designated Officer shall have jurisdiction over such local area as may be specified in the notification and different officers may be designated for different local areas.]
S.54 Power to stop unauthorised development.
(1) Where any development of land as indicated in sub-section (1) of section 52 is being carried out but has not been completed, the Planning Authority may serve on the owner and the person carrying out the development a notice requiring the development of land to be discontinued from the time of the service of the notice ; and thereupon, the provisions of sub-sections (3), (4), (5) and (6) of section 53 shall so far as may be applicable apply in relation to such notice, as they apply in relation to notice under section 53.
(2) Any person, who continues to carry out the development of land, whether for himself or on behalf of the owner or any other person, after such notice has been served shall, on conviction, 1[be punished with imprisonment for a term which may extend to three years or with fine which may extend to five thousand rupees or with both]; and when the non-compliance is a continuing one, with a further fine which may extend to one hundred rupees for every day after the date of the service of the notice during which the non-compliance has continued or continues.
S.55 Removal or discontinuance of unauthorised temporary development summarily.
(1) Notwithstanding anything hereinbefore contained in this Chapter, where any person has carried out any development of a temporary nature unauthorisedly as indicated in sub-section (1) of section 52, the Planning Authority may by an order in writing direct that person to remove any structure or work erected, or discontinue the use of land made, unauthorisedly as aforesaid, within fifteen days of the receipt of the order ; and if thereafter, the person does not comply with the order within the said period, the Planning Authority may request the District Magistrate or the Commissioner of Police, as the case may be, 1[or authorise any of its officers or servants,] to have such work summarily removed or such use summarily discontiuned without any notice as directed in the order; and any development unauthorisedly made again, shall be similarly removed or discontinued summarily without making any order as aforesaid.
(2) The decision of the Planning Authority on the question of what is development of a temporary nature shall be final.
S.56 Power to require removal of unauthorised development or use.
(1) If it appears to a Planning Authority that it is expedient in the interest of
proper planning of its areas (including the interest of amenities) having regard to the Development plan prepared,-
(a) that any use of land should be discontinued, or
(b) that any conditions should be imposed on the continuance thereof, or
(c) that any buildings or works should be altered or removed, the Planning Authority may, by notice served on the owner,-
(i) require the discontinuance of that use; or
(ii) impose such conditions as may be specified in the notice on the continuance thereof ; or
(iii) require such steps, as may be specified in the notice to be taken for the alteration or removal of any buildings or works, as the case may be,
within such period, being not less than one month, as may be specified therein, after the service of the notice.
(2) Any person aggrieved by such notice may, within the said period and in the manner prescribed, appeal to the State Government.
(3) On receipt of an appeal under sub-section (2), the State Government or any other person appointed by it in this behalf may, after giving a reasonable opportunity of being heard to the appellant and the Planning Authority, dismiss the appeal or allow the appeal by quashing or varying the notice as it may think fit.
(4) If any person,-
(i) who has suffered damage in consequence of the compliance with the notice by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land or otherwise ; or
(ii) who has carried out any works in compliance with the notice, claims, from the Planning Authority, within the time and in the manner prescribed compensation in respect of that damage, or of any expenses reasonably incurred by him for complying with the notice, then the provisions of sub-sections (2) and (3) of section 51 shall apply in relation to such claim as those provisions apply to claims for compensation under those provisions.
(5) If any person having interest in land in respect of which a notice is issued under this section claims that by the reason of the compliance with the notice, the land will become incapable of reasonably beneficial use, he may within the period specified in the notice or within such period after the disposal of the appeal, if any, filed under sub-section (2) and in the manner prescribed, serve on the State Government a purchase notice requiring his interest in the land to be acquired ; and thereupon, the provisions of section 49 for dealing with a purchase notice shall, so far as can be made applicable, apply as they apply to a purchase notice under that section.
S.56A Punishment for failure to take action against unauthorised construction.
1[56A. Punishment for failure to take action against unauthorised construction.- Where it has been brought to the notice of the Designated Officer that erection of any building or execution of any work is carried out in contravention of the provisions of the Act, rules or bye-laws and if such Designated Officer has failed, without sufficient reasons, to take action, as provided under section 53, 54, 55 or 56, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to twenty thousand rupees, or with both.]
S.57 Recovery of expenses incurred.
Any expenses incurred by a Planning Authority under sections 53, 54, 55 and 56
shall be a sum due to the Planning Authority under this Act from the person in default
or the owner of the plot
S.58 Development undertaken on behalf of Government.
(1) When any Government intends to carry out development of any land for the purpose of any of its departments or offices or authorities, the officer incharge thereof
shall inform in writing the Planning Authority the intention of Government to do so, giving full particulars thereof, and accompanied by such documents and plans as may be prescribed at least thirty days before undertaking such development.
(2) Where a Planning Authority raises any objection to the proposed development on the ground that the development is not in conformity with the provisions either of any Development plan under preparation or of any building bye-laws in force for the time being, or for any other material consideration the officer shall-
(i) either make necessary modifications in the proposals for development to meet the objections raised by the Planning Authority, or
(ii) submit the proposals for development together with the objections raised by the Planning Authority to the State Government for decision.
(3) The State Government, on receipt of the proposals for development together with the objections of the Planning Authority shall, in consultation with the Director
of Town Planning, either approve the proposals with or without modifications or direct the officer to make such modifications in the proposals as it considers necessary in the circumstances.
1[(3A) The development proposals approved by the State Government under sub-section (3) shall remain in force for a period of one year from the date of grant of such approval, and thereafter it shall lapse :
Provided that, the Officer in charge of the development may apply under intimation
to the Planning Authority to the State Government, for extension of such period ; and thereupon the State Government may extend such period from year to year ; but such
extended period shall in no case exceed three years :
Provided further that, such lapse shall not bar any subsequent application by the officer in charge of the development, for fresh approval to the development under the preceding sub-sections.]
(4) The provisions of sections 44, 45 2[and 47 shall not, and section 46 shall, mutatis mutandis and section 48 shall, as modified by sub-section (3A),] apply to development carried out under this section.
S.59 Preparation and contents of town planning scheme.
1[(1)]Subject to the provisions of this Act or any other law for the time being in force-
(a) a Planning Authority may for the purpose of implementing the proposals in the final Development plan 2[or in respect of any land which is likely to be in the course of development or which is already built upon], prepare one or more town planning schemes for the area within its jurisdiction, or any part thereof;
(b) a town planning scheme may make provision for any of the following matters, that is to say-
(i) any of the matters specified in section 22 ;
(ii) the laying out or re-laying out of land, either vacant or already built upon, including areas of comprehensive development ;
3[(ii-a) the filling-up or reclamation of low-lying, swampy or unhealthy area, or levelling-up of land ;
(ii-b) layout of new streets or roads, construction, diversion, extension, alteration, improvement and closing up of streets and roads and discontinuance of communications ;
(ii-c) the construction, alteration and removal of buildings, bridges and other structures ;
(ii-d) the allotment or reservation of land for open spaces, gardens, recreation grounds, schools, markets, green-belts, dairies, transport facilities and public purposes of all kinds;
(ii-e) drainage, inclusive of sewerage, surface or sub-soil drainage and sewage disposal ;
(ii-f) lighting ;
(ii-g) water supply ;
(ii-h) the preservation of objects of historical or national intrest or natural beauty, and of building actually used for religious purposes ;]
(iii) the suspension, as far as may be necessary for the proper carrying out of the scheme, of any rule, bye-law, regulation, notification or order made or issued under any law for the time being in force which the Legislature of the State is competent to make ;
(iv) such other matter not inconsistent with the object of this Act, as may be directed by the State Government.
4[(2) In making provisions in a draft town planning scheme for any of the matters referred to in clause (b) of sub-section (1), it shall be lawful for a Planning Authority with the approval of the Director of Town Planning and subject to the provisions of section 68 to provide for suitable amendment of the Development plan.]
S.60 Power of Planning Authority to resolve on declaration of intention to make scheme.
(1) A Planning Authority may by resolution declare its intention to make a town planning scheme in respect of any part of the area within its jurisdiction.
(2) Not later than thirty days from the date of such declaration of intention to make a scheme (hereinafter referred to as the declaration), the Planning Authority shall publish
the declaration in the Official Gazette, and in such other manner as may be prescribed and despatch a copy thereof (together with a copy of the plan showing the area to be included in the scheme) to the State Government and also to the Director of Town Planning.
(3) A copy of the plan shall be open to the inspection of the public at all reasonable hours at the head office of the Planning Authority.
S.61 Making and publication of draft scheme by means of notice.
Making and publication of draft scheme 1[by means of notice].- (1) Not later than 2[nine months] from the date of the declaration, subject, however, to sub-section (3), the Planning Authority shall, in consultation with the Director of Town Planning, make a draft scheme for the area in respect of which the declaration was made, 3[and publish a notice in the Official Gazette, and in such other manner as may be prescribed stating that the draft scheme in respect of such area has been made. The notice shall state the name of the place where a copy thereof shall be available for inspection by the public and shall also state that copies thereof or any extract therefrom certified to be correct shall be available for sale to the public at a reasonable price.]
(2) If the Planning Authority fails to 4[make a draft scheme and publish a notice regarding its making] within the period specified in sub-section (1) or within the period extended under sub-section (3), the declaration shall lapse, unless the State Government appoints an Officer to prepare 5*** and submit the draft scheme to the State Government on behalf of the Planning Authority not later than 6[nine months] from the date of such appointment or the extended period under sub-section (3); but any such lapse of declaration shall not debar the Planning Authority from making a fresh declaration any time in respect of the same area.
(3) The State Government may, on application made by the Planning Authority or, as the case may be, the officer, 7*** by notification in the Official Gazette, extend the period specified in sub-section (1) or (2) by such period not exceeding 8[three months] as may be specified in the notification.
S.62 Inclusion of additional area in draft scheme.
If at any time before a draft scheme is prepared and submitted to the State Government for sanction, the Planning Authority or the officer is of the opinion, or on any representation made to it or him that an additional area be included within the said scheme, the Planning Authority or the officer may, after informing the State Government and giving notice in the Official Gazette, and also in one or more local newspapers, include such additional area in the scheme; and thereupon, all the provisions of sections 59, 60 and 61 shall apply in relation to such additional area as they apply to any original area of the scheme and the draft scheme shall be prepared for the original area and such additional area and submitted to the State Government for sanction.
S.63 Power of State Government to require Planning Authority to make scheme.
(1) Notwithstanding anything contained in this Act, the State Government may, in respect of any Planning Authority after making such inquiry as it deems necessary, direct that Authority to make 1* * * * and submit for its sanction, a draft scheme in respect of any land in regard to which a town planning scheme may be made 2[after a notice regarding its making has been duly published in the prescribed manner.]
(2) If the Planning Authority fails to make the declaration of intention to make a scheme within three months from the date of direction made under sub-section (1), the State Government may by notification in the Official Gazette, appoint an officer to make 3* * and submit the draft scheme for the land to the State Government 4[after a notice regarding its making has been duly published as aforesaid] and thereupon the provisions of sections 60, 61 and 62 shall, as far as may be applicable, apply to the making of such a scheme.
S.64 Contents of draft scheme.
A draft scheme shall contain the following particulars so far as may be necessary, that is to say,-
(a) the ownership, area and tenure of each original plot ;
(b) reservation, acquisition or allotment of land required under sub-clause (i) of clause (b) of section 59 with a general indication of the uses to which such land is to be put and the terms and conditions subject to which, such land is to be put to such uses;
(c) the extent to which it is proposed to alter the boundaries of the original plots by reconstitution ;
(d) an estimate of the total cost of the scheme and the net cost to be borne by the Planning Authority ;
(e) a full description of all the details of the scheme with respect to such matters referred to in clause (b) of section 59 as may be applicable ;
(f) the laying out or re-laying out of land either vacant or already built upon including areas of comprehensive development ;
(g) the filling up or reclamation of low lying swamp or unhealthy areas or levelling up of land;
1[(g-1) the allotment of land from the total area covered under the scheme, to the extent of,-
(i) the reservation of land to the extent of ten per cent. of the total area covered under the scheme, for the purpose of providing housing accommodation to the members of economically weaker section and for lower income group and for persons dispossessed in the scheme ;
(ii) the allotment of land to the extent of forty per cent. of the total area covered under the scheme, in the aggregate, for any or all of the following purposes, namely:-
(A) for roads;
(B) for parks, playgrounds, garden and open spaces;
(C) social infrastructure such as schools, dispensary, fire brigade and public utility place;
(D) sale by Planning Authority for residential, commercial or industrial use depending upon the nature of development :
Provided that,-
(I) the proceeds from the sale of land referred to in sub-clause (D) of this clause shall be used for the purpose of providing infrastructural facilities in the area covered under the scheme ;
(II) the use of land alloted for the purposes referred to in sub-clause (B)of this clause shall not be changed by variation of scheme for a purpose other than the purpose for which it is so alloted ;
(III) the land alloted for the purposes referred to in sub-clause (C) of this clause may be allowed to be developed, without variation of scheme, for any public purpose not contrary to the intent of the provisions of the draft scheme;]
(h) any other prescribed particulars.
(1) In the draft scheme, the size and shape of every reconstituted plot shall be determined, so far as may be, to render it suitable for building purposes, and where a
plot is already built upon, to ensure that the buildings as far as possible comply with the provisions of the scheme as regards open spaces.
(2) For the purpose of sub-section (1), a draft scheme may contain proposals-
(a) to form a final plot by reconstitution of an original plot by alteration of the boundaries of the original plot, if necessary ;
(b) to form a final plot from an original plot by the transfer wholly or partly of the adjoining lands ;
(c) to provide, with the consent of the owners, that two or more original plots each of which is held in ownership in severally or in joint ownership shall hereafter, with or without alteration of boundaries be held in ownership in common as a final plot ;
(d) to allot a final plot to any owner dispossessed of land in furtherance of the scheme; and
(e) to transfer the ownership of an original plot from one person to another.
S.66 Compensation for discontinuance of use.
Where under sub-clause (i) of clause (b) of section 59 the purposes to which the buildings or areas may not be appropriated or used in pursuance of clause (m) of section 22 have been specified, then the building or area shall cease to be used for a purpose other than the purposes specified in the scheme within such time as may be specified in the final scheme; and the person affected by this provision shall be entitled to such compensation, from the Planning Authority as may be determined by the Arbitrator :
Provided that, in ascertaining whether compensation be paid, the time within which the person affected was permitted to change the user shall be taken into consideration.
S.67 Objections to draft scheme to be considered.
If within thirty days from the date of the 1[publication of notice regarding the preparation of the draft scheme], any person affected thereby communicates in writing any objection relating to such scheme, the Planning Authority, or the officer appointed under sub-section (2) of section 61 or section 63 shall consider such objection and may, at any time before submitting the draft scheme to the State Government as hereinafter provided, modify such scheme as it or he thinks fit.
S.68 Power of State Government to sanction draft scheme.
(1) The Planning Authority or, as the case may be, the officer aforesaid shall, not later than 1[three months] 2[from the date of the publication of the notice in the Official Gazette, regarding the making of the draft scheme], submit the same with any modifications which it or he may have made therein together with a copy of objections received by it or him to the State Government, and shall at the same time apply for its sanction.
(2) On receiving such application, after making such inquiry as it may think fit and consulting the Director of Town Planning, the State Government may, not later than
3[three months] from the date of its submission, by notification in the Official Gazette, 4***, either sanction such draft scheme with or without modifications and subject to such conditions as it may think fit to impose or refuse to give sanction.
(3) If the State Government sanctions such scheme, it shall in such notification state at what place and time the draft scheme shall be open to the inspection of the public 5[and the State Government shall also state therein that copies of the scheme or any extract therefrom certified to be correct shall on application be available for sale to public
at a reasonable price.]
S.68A Effect of sanction of draft scheme.
1[68A. Effect of sanction of draft scheme - (1) Where a draft scheme has been sanctioned by the State Government under sub-section (2) of section 68 (hereinafter in this section, referred to as "the sanctioned draft scheme"), all lands required by the Appropriate Authority for the purposes specified in sub-clauses (ii-b), (ii-e), (ii-f) and (ii-g) of clause (b) of sub-section (1) of section 59 shall vest absolutely in the Appropriate Authority free from all encumbrances.
(2) Nothing in sub-section (1) shall affect any right of the owner of the land vesting in the Appropriate Authority under that sub-section.
(3) The provisions of sections 89 and 90 shall, mutatis mutandis apply, to the sanctioned draft scheme as if,-
(i) sanctioned draft scheme were a preliminary scheme, and
(ii) in sub-section (1) of section 89 and sub-section (1) of section 90, for the words "the day on which a final scheme comes into force" the words, brackets and figures "the date on which the draft scheme is sanctioned under sub-section (2) of section 68" were substituted.]
S.69 Restrictions on use and development of land after declaration for town planning scheme.
(1) On or after the date on which a declaration of intention to make a scheme is published in the Official Gazette-
(a) no person shall within the area included in the scheme, institute or change the use of any land or building or carry out any development, unless such person has applied for and obtained the necessary permission which shall be contained in a commencement certificate granted by the Planning Authority in the prescribed form ;
(b) the Planning Authority on receipt of such application shall at once furnish the applicant with a written acknowledgment of its receipt, and
(i) in the case of a Planning Authority other than a municipal corporation, after inquiry and where an Arbitrator has been appointed in respect of a draft scheme after obtaining his approval; or
(ii) in the case of a municipal corporation, after inquiry, may either grant or refuse such certificate, or grant it subject to such conditions as the Planning Authority may, with the previous approval of the State Government thinks fit to impose.
(2) If a municipal corporation gives permission under clause (b) of sub-section (1), it shall inform the Arbitrator accordingly, and shall send him a copy of the plan :
Provided that, a municipal corporation shall not grant a commencement certificate for any purpose which is in conflict with the provisions of the draft scheme, unless the corporation first obtains concurrence of the Arbitrator for the necessary change in the proposal of the draft scheme.
(3) If a Planning Authority communicates no decision to the applicant within two months from the date of such acknowledgment, the applicant shall be deemed to have been granted such certificate.
(4) If any person contravenes the provisions contained in clause (a) or clause (b) of sub-section (1), the Planning Authority may direct such person by notice in writing to stop any development in progress, and after making inquiry in the prescribed manner, remove, pull down or alter any building or other development or restore the land in respect of which such contravention is made to its original condition.
(5) Any expense incurred by the Planning Authority under sub-section (4) shall be a sum due to the Planning Authority under this Act from the person in default or the owner of the plot.
1[(6) The provisions of Chapter IV shall, mutatis mutandis apply in relation to the development and use of land included in a town planning scheme in so far as they are not inconsistent with the provisions of the Chapter.]
(7) The restrictions imposed by this section shall cease to operate in the event of the State Government refusing to sanction the draft scheme or the final scheme or in the event of the withdrawal of the scheme under section 87 or in the event of the declaration lapsing under sub-section (2) of section 61.
S.70 Power of State Government to suspend rule, bye-law, etc.
(1) Where a Planning Authority has published a declaration under section 61 the State Government may, on an application of the Planning Authority by order published in the Official Gazette, suspend to such extent only as may be necessary for the proper carrying out of the scheme any rule, bye law, regulation, notification or order made or issued under any law which the Legislature of the State is competent to amend.
(2) Any order issued under sub-section (1) shall cease to operate in the event of the State Government refusing to sanction the scheme, or in the event of the withdrawal of the scheme under section 87 or in the event of the coming into force of the final scheme or in the event of the declaration lapsing under sub-section (2) of section 61.
(1) Where there is a disputed claim as to the ownership of any piece of land included in an area in respect of which a declaration of intention to make a town planning scheme has been made and any entry in the record of rights or mutation register relevant to such disputed claim is inaccurate or inconclusive, an inquiry may be held on an application being made by the Planning Authority or the Arbitrator at any time prior to the date on which the arbitrator draws up the final scheme under clause (xviii) of sub-section (3) of section 72 by such officer as the State Government may appoint for the purpose of deciding who shall be deemed to be owner for the purposes of this Act.
(2) Such decision shall not be subject to appeal but it shall not operate as a bar to a regular suit.
(3) Such decision shall, in the event of a civil court passing a decree which is inconsistent therewith, be corrected, modified or rescinded in accordance with such decree as soon as practicable after such decree has been brought to the notice of the Planning Authority either by the Civil Court or by some person affected by such decree.
(4) Where such a decree of the civil court is passed after final scheme has been sanctioned by the State Government under section 86, such final scheme shall be deemed to have been suitably varied by reason of such decree.
S.72 Arbitrator; his powers and duties.
(1) Within one month from the date on which the sanction of the State Government to the draft scheme is published in the Official Gazette, the State Government shall for purposes of one or more planning schemes received by it for sanction appoint any person possessing such qualifications as may be prescribed to be an Arbitrator with sufficient establishment and his duties shall be as hereinafter provided.
(2) The State Government may, if it thinks fit at any time, remove for incompetence or misconduct or replace for any good and sufficient reason an Arbitrator appointed under this section and shall forthwith appoint another person to take his place and any proceeding pending before the Arbitrator immediately before the date of his removal or replacement shall be continued and disposed of by the new Arbitrator appointed in his place.
1[(3) The Arbitrator shall, after following the prescribed procedure, subdivide the town planning scheme into a preliminary scheme and a final scheme. The Arbitrator shall prepare preliminary scheme within nine months and as far as possible the final scheme within eighteen months, from the date of his appointment :
Provided that, the State Government may, by an order in writing, extend the said period by such further period not exceeding three months in the aggregate and any such order extending the period may be made so as to have retrospective effect:
Provided also that, where the town planning scheme pending before the Arbitrator on the date of commencement of the Maharashtra Regional and Town Planning (Amendment) Act, 2011, which has not been sub-divided into a preliminary scheme and a final scheme within the period so extended under the preceding proviso, the State Government may, by an order and for reasons to be recorded in writing, extend the period by such further period not exceeding two years in aggregate from the date of expiry of the period so extended under the said proviso and any such order extending the period may be made so as to have retrospective effect.
(4) In the preliminary scheme, the Arbitrator shall,-
(i) after notice given by him in the prescribed manner, define, demarcate and decide the areas allotted to, or reserved for the public purpose or purposes of the Planning Authority, and also the final plots ;
(ii) after notice given by him in the prescribed manner, decide the person or persons to whom a final plot is to be allotted; when such plot is to be allotted; and when such plot is to be allotted to persons in ownership in common, decide the shares of such
persons ;
(iii) provide for the total or partial transfer of any right in an original plot to a final plot or provide for the transfer of any right in an original plot in accordance with the provisions of section 101;
(iv) determine the period within which the works provided in the scheme shall be completed by the Appropriate Authority.
(5) The Arbitrator shall submit the preliminary scheme so prepared to the State Government for sanction and shall also prepare and submit to the State Government the final scheme for sanction in accordance with the provisions of sub-section (6)
(6) In the final scheme, the Arbitrator shall, -
(i) estimate the amount of compensation payable under section 66 ;
(ii) calculate the proportion in which the increment in respect of the final plots included in the final scheme shall be liable to contribution to the cost of the scheme in accordance with the provisions contained in section 97 ;
(iii) estimate the value of and fix the difference between the values of the original plots and the values of the final plots included in the final scheme, in accordance with the provisions contained in clause (f) of subsection (1) of section 97 ;
(iv) estimate the compensation payable for the loss of the area of the original plot in accordance with the provisions contained in clause (f) of sub-section (1) of section 97 in respect of any original plot which is wholly acquired under the scheme ;
(v) estimate the value of final plots included in the final scheme and the increment to accrue in respect of such plots in accordance with the provisions of section 98 ;
(vi) determine the amount to be deducted from or added to, as the case may be, the contribution leviable from a person in accordance with the provisions contained in section 100;
(vii) estimate in reference to claims made before him, after the notice given by him in the prescribed manner, the compensation to be paid to the owner of any property or right injuriously affected by the making of a town planning scheme in accordance with the provisions contained in section 102 ;
(viii) determine whether the areas allotted or reserved for the public purpose or purposes of the Planning Authority are beneficial wholly or partly to the owners or residents within the area of the scheme;
(ix) estimate the proportion of the sums payable as compensation of each plot used, allotted or reserved for the public purpose or purposes of the Planning Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the cost of the scheme;
(x) determine the proportion of contribution to be levied on each plot used, allotted or reserved for a public purpose or purposes of the Planning Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public;
(xi) determine the amount of exemption, if any, from the payment of the contribution that may be granted in respect of plots or portions thereof exclusively used or occupied for religious or charitable purposes on the date on which the final scheme is drawn up under sub-section (7);
(xii) calculate the contribution to be levied on each final plot included in the final scheme;
(xiii) where a plot is subject to a mortgage with possession or a lease, decide the proportion of compensation payable to or contribution payable by the mortgagee or lessee on one hand and the mortgagor or lessor on the other.
(7) The Arbitrator shall draw in the prescribed form the preliminary and final schemes in accordance with the draft scheme:
Provided that,-
(a) he may make variation in the draft scheme;
(b) he may, with the previous sanction of the State Government, after hearing the Planning Authority and any owners who may raise objections, make substantial variations in the draft scheme.
Explanation.-For the purposes of clause (b) of this proviso, "substantial variation" means increase in the total cost of the draft scheme by more than twenty per cent. or, two lakhs rupees, whichever is higher, on account of the provision of new works or the reservation of additional sites for public purposes included in the final scheme drawn up by the Arbitrator.]
S.73 Certain decisions of Arbitrator to be final.
Except in matters arising out of 1[clauses (i), (ii), (iv), (v) and clauses (vii) to (xiii) (both inclusive) of sub-section (6)] of section 72, every decision of the Arbitrator shall be final and conclusive and binding on all parties including the Planning Authority.
(1) Any decision of the Arbitrator under 1[clauses (i), (ii), (iv), (v) and clauses (vii) to (xiii) (both inclusive) of sub-section (6)] of section 72 shall be forthwith communicated to the party concerned including the Planning Authority; and any party aggrieved by such decision may, within two months from the date of communication of the decision, apply to the Arbitrator to make a reference to the Tribunal of Appeal for decision of the appeal.
(2) The provisions of sections 5, 12 and 14 of the Indian Limitation Act, 1963 (36 of 1963) shall apply to appeals submitted under this section.
S.75 Constitution of Tribunal of Appeal.
(1) The Tribunal of Appeal shall consist of a President and two Assessors.
(2)The President shall-
(a) in Greater Bombay, be the Principal Judge of the Bombay City Civil Court or such other Judge of the said Court as may be appointed by the State Government on the recommendation of the Principal Judge; and
(b) elsewhere, be the District Judge or the Civil Judge of the Senior Division as may be appointed by the State Government on the recommendation of the District Judge :
Provided that, the State Government may, if it thinks fit, appoint as President any person who has held the post(i) in Greater Bombay of a Judge of the High Court or of the Bombay City Civil Court, and (ii) elsewhere of a Judge of the District Court.
(3) The President shall appoint fit and proper persons as Assessors, who shall as far as possible have knowledge, or experience of town planning, valuation of land or civil engineering.
(4) The President and the Assessors shall be appointed members of the Tribunal of Appeal for such period as may be required by such Tribunal to decide an appeal made against the decision under clauses (iv) to (xi) (both inclusive), and clauses (xiv), (xv) and (xvi) of the sub-section (3) of section 72.
(5) The State Government may, if it thinks fit, remove for incompetence or misconduct or any other good and sufficient reason any Assessor appointed under sub-section (3).
(6) If any Assessor is removed or dies or refuses or neglects to act or becomes incapable of acting, the President shall appoint forthwith a fit and proper person to take the place of such Assessor.
S.76 Arbitrator to assist Tribunal in advisory capacity and his remuneration.
(1) The Arbitrator shall be present at the proceedings before the Tribunal of Appeal. He shall not be required to give evidence in such proceedings but the President may require him to assist the Tribunal in an advisory capacity.
(2) Where the Arbitrator is required under sub-section (1) to assist the Tribunal of Appeal, he shall, save where he is a salaried officer of Government, be entitled to such fees as the State Government may from time to time determine.
S.77 Place where Tribunal may sit.
The Tribunal of Appeal may sit either at the headquarters of the President or at any other place within the local limits of his jurisdiction which he may deem convenient for the consideration and decision of any matter before such Tribunal.
S.78 Decision of questions of law and other questions.
All questions of law and procedure shall be decided by the President. All other questions shall be decided by the President and the two Assessors or by a majority.
S.79 Powers of Tribunal to decide matter finally.
(1) The Tribunal of Appeal shall, after making such inquiry as it may think fit, decide all matters arising out of clauses (iv) to (xi) (both inclusive) and clauses (xiv), (xv) and (xvi) only of sub-section (3) of section 72 in respect of appeals referred to the Tribunal: and may either confirm the proposals of the Arbitrator or direct him where necessary to reconsider, vary or modify his proposals only in respect of such matters aforesaid.
(2) Every decision of the Tribunal of Appeal shall be final and conclusive and binding on all persons and parties including the Planning Authorities.
S.80 Tribunal not to be Court.
Nothing contained in this Act shall be deemed to constitute the Tribunal of Appeal to be a Court.
S.81 Remuneration of Arbitrator and Assesors and payment of incidental expenses of Tribunal.
(1) The President and the Assessors shall, save where they are salaried Government Officers, be entitled to such remuneration, either by way of monthly salary or by way of fees or partly in one way and partly in the other, as the State Government may, from time to time, decide :
Provided that, in exceptional cases where the scheme is a large one or the work involved is complicated, the State Government may authorise the President and the Assessors, even if they are salaried Government Officers to receive such special salary or remuneration, as the State Government may by order, decide from time to time.
(2) The salary of the President of the Tribunal of Appeal or an Assessor who is a salaried Government Officer, and any remuneration payable under sub-section (1) of this section and fees payable to an Arbitrator under sub-section (2) of section 76 and all expenses incidental to the working of the Tribunal of Appeal shall, unless the State Government otherwise determines, be defrayed out of the funds of the Planning Authority and shall be added to the cost of the scheme.
S.82 Dicisions of Arbitrator to be final in certain matters.
(1) Where no appeal has been made under section 74, the decisions of the Arbitrator under clauses (iv) to (xi) and clauses (xiv), (xv) and (xvi) of sub-section (3) of section 72 shall be final and binding on the parties
(2) The Tribunal of Appeal shall send a copy of its decision in appeal to the Arbitrator who shall then, where necessary, make variation in the scheme in accordance with such decision and may also rectify such errors or omissions, if any, as may have been brought to his notice after publication of the final scheme as drawn up by him under clause (xviii) of sub-section (3) of section 72; and the Arbitrator shall forward such final scheme together with a copy of his decisions under section 72 and a copy of the decision of the Tribunal of Appeal in appeal to the State Government for the sanction of the final scheme.
S.83 Possession of land in advance of town planning scheme.
(1) Where a Planning Authority thinks that, in the interest of the public, it is necessary to undertake forthwith any of the works included in a draft scheme for a public purpose, the Planning Authority shall make an application through the Arbitrator to the State Government to vest in it the land (without any building) shown in the draft scheme.
(2) The State Government may, if satisfied that it is urgently necessary in the public interest to empower the Planning Authority to enter on such land for the purpose of executing any of such works, direct the Arbitrator, by notification in the Official Gazette, to take possession of the land, or may, after recording its reasons refuse to make any such direction :
Provided that, no such direction shall be made without the Arbitrator giving a hearing to any person or Planning Authority affected by such direction, and considering the report of the Arbitrator in that behalf.
(3) The Arbitrator shall then give a notice in the prescribed manner to the person interested in the land the possession of which is to be taken by Arbitrator requiring him
to give possession of his land to the Arbitrator or any person authorised by him in this behalf within a period of one month from the date of service of notice ; and if no possession is delivered within the period specified in the notice, the Arbitrator shall take possession of the land and shall handover the land to the Planning Authority. Such land shall thereupon, notwithstanding anything contained in this Act, vest absolutely in the Planning Authority free from all encumbrances.
S.84 Commissioner of Police or Magistrate to enforce delivery of possession of land.
(1) If the Arbitrator is opposed or impeded in taking possession of the land under section 83, he shall request the Commissioner of Police, or as the case may be, the District Magistrate to enforce the delivery of possession of the land to the Arbitrator. The
Commissioner or the District Magistrate, as the case may be, shall take or cause to be
taken such steps and use or cause to be used such force as may be reasonably necessary
for securing the delivery of possession of the land to the Arbitrator.
(2) For the avoidance of doubt, it is hereby declared that the power to take steps under sub-section (1) includes the power to enter upon any land or other property whatsoever.
S.85 Owner of land of which possession is taken entitled to interest.
(1) Where possession of land is taken by the Arbitrator under section 83 or 84, the persons interested in such land shall be entitled to interest at the rate of 4 per cent. per annum on the amount of compensation payable to him under the final scheme in respect of the said land from the date on which such possession is taken till the date on which amount of compensation is paid to him by the Planning Authority.
(2) The Planning Authority may, at the request of the person interested, pay after consulting the Arbitrator, an advance as provided in sub-section (3) of section 129.
S.86 Sanction by State Government to preliminary or final scheme.
1[86.Sanction of State Government to preliminary or final scheme. - (1) On receipt of the preliminary scheme or, as the case may be, the final scheme, the State Government may,-
(a) in the case of the preliminary scheme, within a period of two months from the date of its receipt, and
(b) in the case of the final scheme, within a period of three months from the date of its receipt, by notification in the Official Gazette, sanction the preliminary scheme or the final scheme or refuse to give such sanction, provided that in sanctioning any scheme, the State Government may make such modifications as may, in its opinion, be necessary for the purpose of correcting an error, irregularity or informality.
(2) Where the State Government sanctions the preliminary scheme or the final scheme, it shall state in the notification,-
(a) the place at which the scheme shall be kept open for inspection by the public ; and
(b) a date (which shall not be earlier than one month after the date of the publication of the notification) in which all the liabilities created by the scheme shall come into force :
Provided that, the State Government may, from time to time, by notification in the Official Gazette, extend such date, by such period, not exceeding three months at a time, as it thinks fit.
(3) On and after the date fixed in such notification, the preliminary scheme or the final scheme, as the case may be, shall have effect as if it were enacted in this Act.]
S.87 Withdrawal for scheme.
(1) If at any time before the 1[preliminary scheme] is forwarded by the Arbitrator to the State Government, a representation is made to the Arbitrator by the Planning Authority and a majority of the owners in the area that the scheme should be withdrawn, the Arbitrator shall, after inviting from all persons interested in the scheme objections to such representation, forward such representation together with the objections, if any, to the State Government.
(2) After making such inquiry as it may think fit, the State Government may, by notification in the Official Gazette, direct that the scheme shall be withdrawn; and upon such withdrawal, no further proceedings shall be taken in regard to such scheme.
S.88 Effect of preliminary scheme.
On and after the day on which a 1[preliminary scheme] comes into force-
(a) all lands required by the Planning Authority shall, unless it is otherwise determined in such scheme, vest absolutely in the Planning Authority free from all
encumbrances;
(b) all rights in the original plots which have been reconstituted shall determine and the reconstituted plots shall become subject to the rights settled by Arbitrator;
2* * *
In this Act, unless the context otherwise requires,-
(1) "agriculture" includes horticulture, poultry farming, the raising of crops, fruits, vegetables, flowers, grass or trees of any kind, breeding of livestock including cattle, horses, donkeys, mules, pigs, breeding of fish and keeping of bees, the use of land for grazing cattle and for any purpose which is ancillary to its cultivation or other agricultural purpose; but does not include the use of land as a garden which is an appendage to a building; and "agricultural" shall be construed accordingly ;
1[(2) "amenity" means roads, streets, open spaces, parks, recreational grounds, play grounds, sports complex, parade grounds, gardens, markets, parking lots, primary and secondary schools and colleges and polytechnics, clinics, dispensaries and hospitals, water supply, electricity supply, street lighting, sewerage, drainage, public works and includes other utilities, services and conveniences] ;
(3) "Appropriate Authority" means any public authority on whose behalf land is designated for a public purpose in any plan or scheme and which it is authorised to acquire ;
(4) "Arbitrator" means a person appointed as the Arbitrator for the purposes of any scheme or schemes under section 72 ;
(5) "Building operations" includes erection or re-erection of a building or any part thereof, roofing or re-roofing of any part of a building or of any open space, any material alteration or enlargement of a building, any such alteration of a building as is likely to affect an alteration of its drainage or sanitary arrangement or materially affect its security or the construction of a door opening on any streets or land not belonging to the owner ;
2[(5A) "compounded structure" means any development of land in respect of which the compounding charges, infrastructure charges and premium as levied by the Collector under the provisions of sub-section (2B) of section 18 or by the Planning Authority under section 52A, are paid by the owner or occupire of such structure and which upon such payment has been declared as compounded structure by the Collector or Planning Authority, as the case may be;]
(6) "Court" means in Greater Bombay, the Bombay City Civil Court; and elsewhere, the principal civil court of original jurisdiction; and includes any other civil court of a Judge of Senior Division or a Judicial Officer empowered by the State Government to perform the functions of the court under this Act within the pecuniary and local limits of its jurisdiction;
3[(6A) "Designated Officer" means the officer designated under sub-section (8) of section 53 ;]
(7) "development" with its grammatical variations means the carrying out of buldings, engineering, mining or other operations in or over or under, land or the making of any material change, in any building or land or in the use of any building or land 4[or any material or structural change in any heritage building or its precinct] 5[and includes 6[demolition of any existing building, structure or erection or part of such building, structure of erection; and] 7[reclamation,] redevelopment and lay-out and sub-division of any land; and "to develop" shall be construed accordingly];
(8) "Development Authority" means a New Town Development Authority 8[constituted or declared under section 113];
(9) "Development plan" means a plan for the development or re-development of the area within the jurisdiction of a Planning Authority 9[10[and includes revision of a development plan and] proposals of a special planning Authority for development of land within its jurisdictions];
11[(9A) "development right" means right to carry out development or to develop the land or building or both and shall include the transferable development right in the form of right to utilise the Floor Space Index of land utilisable either on the remainder of the land partially reserved for a public purpose or elsewhere, as the final Development Control Regulations in this behalf provide;]
(10) "Director of Town Planning" means the officer appointed by the State Government as the Director of Town Planning;
(11) "engineering operations" includes the formation or laying out of a street or means of access to a road or laying out of means of water-supply, drainage, electricity, gas or other public service;
(12) "existing-land-use map" means a map indicating the use to which lands in any specified area are put at the time of preparing the map;
(13) "final plot" means a plot allotted in a final town planning scheme;
12[(13A) "Floor Space Index" means the quotient or the ratio of the combined gross floor area to the total area of the plot, viz :-
Floor Space Index = Total covered area of all floors / Plot area;
(13B) "Heritage building" means a building possessing architectural, aesthetic, historic or cultural values which is declared as heritage building by the Planning Authority in whose jurisdiction such building is situated;
(13C) "Heritage precinct" means an area comprising heritage building or buildings and precincts thereof or related places;]
13[(13D) "Integrated Township Project" means an Integrated Township Project declared under section 18 or 44, as the case may be;]
(14) "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;
(15) "local authority" means-
(a) the Bombay Municipal Corporation constituted under the Bombay Municipal Corporation Act (Bom. III of 1888) or the Nagpur Municipal Corporation constituted under the 14City of Nagpur Corporation Act, 1948,(C.P. and Berar II of 1950). or any Municipal corporation constituted under the 15Bombay Provincial Municipal Corporations Act, 1949, (Bom. LIX of 1949).
16[(b) a Council and a Nagar Panchayat constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965),]
(c) (i) a Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, (Mah. V of 1962).
17[(ii) the Authority constituted under the Maharashtra Housing and Area Development Act, 1976], (Mah. XXVIII of 1977).
(iii) the Nagpur Improvement Trust constituted under the Nagpur Improvement Trust Act, 1936,] (C.P. and Berar XXXVI of 1936).
which is permitted by the State Government for any area under its jurisdiction to exercise the powers of a Planning Authority under this Act;
(16) "local newspaper" in relation to any area within the jurisdiction of a Regional Planning Board, Planning Authority or of a Development Authority, means any newspaper published or circulating within that area;
(17) "occupier" includes a tenant, an owner in occupation of, or otherwise using hisland, a rent-free tenant in any land, and any person in lawful possession of any land who is liable to pay to the owner compensation for the use and occupation of the land;
(18) "owner" includes any person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person or for any religious or charitable purpose, the rents or profits of the property in connection with which it is used;
18[(19) "Planning Authority" means a local authority; and shall includes,-
(a) a Special Planning Authority constituted or appointed or deemed to have been appointed under section 40; and
(b) in respect of the slum rehabilitation area declared under section 3C of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, (Mah. XXVIII of 1971) the Slum Rehabilitation Authority appointed under section 3A of the said Act;]
(20) "prescribed" means prescribed by rules made under this Act;
(21) "plot" means a portion of land held in one ownership and numbered and shown as one plot in a town planning scheme;
(22) "reconstituted plot" means a plot which is altered in ownership or in any other way by the making of a town planning scheme;
(23) "Region" means any area established to be a Region under section 3;
(24) "Regional Board" or "Board" means a Regional Planning Board constituted under section 4;
(25) "Regional plan" means a Plan for the development or re development of a Region which is approved by the State Government and has come into operation under this Act;
(26) "Regional Planning Committee" means a committee appointed under section 10;
(27) "Regulation" means a regulation made under section 159 of this Act and includes 19[zoning, special development control regulations] and other regulations made as a part of a Regional Plan, Development plan, or town planning scheme;
(28) "Residence" includes the use for human habitation of any land or building, or part thereof including gardens, grounds, garages, stables and outhouses, if any, appertaining to such land or building;
(29) "Rule" means a rule made under this Act;
(30) "scheme" includes a plan relating to a town planning scheme;
20***
(31) "Town Planning Officer" means the officer appointed for the time being to be the Town Planning Officer for all or any of the provisions of this Act;
21[(31A) "Undeveloped area" means an area within the jurisdiction of one or more local authorities (not being an area within the jurisdiction of a cantonment board constituted under the Cantonment Act, 1924) (2 of 1924) which is in the opinion of the State Government in a neglected condition, or which is being developed or is in imminent likelihood of being developed in an uncontrolled or haphazard manner, and requires, in the public interest, to be developed in a proper and orderly manner ;]
(32) "Zilla Parishad" means a Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962).
S.3 Establishment of Region and alteration of its limits.
(1) Subject to the provisions of this section, the State Government may, by
notification in the Official Gazette, establish any area in the State, by defining its limits, to be a Region for the purposes of this Act, and may name and alter the name of any such
Region. In any case, where any Region is renamed, then all references in any law or
instrument or other document to the Region shall be deemed to be a reference to the
Region as renamed, unless expressly otherwise provided or the context so requires.
(2) The State Government may, by notification in the Official Gazette,-
(a) alter the limits of a Region, so as to include therein or to exclude therefrom, such area as may be specified in the notification; or
(b) amalgamate two or more Regions so as to form one Region; or
(c) split up any Region into two or more Regions; or
(d) declare that the whole or part of the area comprising a Region shall cease to be a Region or part thereof.
(3) A plan showing the boundaries of the Region as established under this section shall be available for inspection at the office of the Collector and the Mamlatdar or Tahsildar concerned, and on the constitution of the Regional Board therefor, also at the office of
the Board.
S.4 Constitution of Regional Planning Boards.
(1) For the purpose of planning the development and use of land in the Region, the State Government shall, by notification in the Official Gazette, constitute a Regional Planning Board for the Region consisting of a Chairman appointed by the State Government; the Director of Town Planning (or a person nominated by him); such number of persons not exceeding four appointed by the State Government as are members of local authorities functioning in the whole or part of the Region; such number of persons 1[not exceeding ten] appointed by the State Government who in the opinion of that Government have special knowledge or practical experience of matters relating to town and country planning, engineering, transport, industry, commerce or agriculture 2[; a Town Planning Officer appointed by the State Government and such number of persons not exceeding four appointed by the State Government from the two Houses of the State legislature, representing the whole or part of the Region, so that not more than two members are appointed from each of the said Houses.
If any Region includes any area which in the opinion of the State Government is important from the military or defence point of view, the members appointed for their special knowledge or practical experience shall include a person suggested by the Government of India in that behalf.]
The State Government may appoint a Vice-Chairman from amongst the other members.
The Town Planning Officer shall be the Secretary to the Regional Board.
3[(1A) Notwithstanding anything contained in sub-section (1), the provisions of that sub-section shall not be applicable to the Metropolitan area as defined in clause (c) of section 2 of the Maharashtra Metropolitan Planning Committees (Constitution and Functions) Act, 1999 (Mah. V of 2000).]
(2) The Regional Board shall have its office at such place as the State Government may appoint, and shall be known by the name specified in the notification constituting it.
S.5 Terms of office and conditions of service of members.
(1) 1[Subject to the provisions of sub-section (3), the term of office]and conditions of service of the members of a Regional Board shall be such as may be prescribed; and the members shall be entitled to receive such remuneration or allowances, or both, as the State Government may by order determine.
(2) If the State Government is of opinion that any member is guilty of misconduct in the discharge of his duties, or is incompetent or has become incapable of performing his duties as such member, or should for any other good and sufficient reason be removed, the State Government may, after giving the member an opportunity of showing cause against his removal, remove him from office.
2[(3) A member of the State Legislature while holding the office of a member of the Borad shall not be entitled to receive any remuneration or allowance other than travelling allowance, daily allowance or such other allowance which is paid to the holder of such office for the purpose only of meeting the personal expenditure incurred in attending the meeting of the Board or in performing any other functions as holder of such office.]
S.6 Resignation of members.
Any member of a Regional Board may at any time resign his office by writing under
his hand addressed to the State Government, and upon the acceptance thereof, the office
of the member shall become vacant.
In the event of a vacancy in the office of any member of a Regional Board, the vacancy
shall be filled by the State Government, and the person so appointed shall hold office so long only as the member in whose place he is appointed would have held office, if the vacancy had not occurred.
S.8 Powers and duties of Board.
Subject to the provisions of this Act and the rules and regulations made thereunder,
it shall be the duty of a Regional Board-
(a) to carry out a survey of the Region, and prepare reports on the surveys so carried out;
(b) to prepare an existing-land-use map, and such other maps as may be necessary for the purpose of preparing a Regional plan;
(c) to prepare a Regional plan;
(d) to perform any other duties or functions as are supplemental, incidental or consequential to any of the foregoing duties, or as may be prescribed by regulations.
S.9 Meetings of Regional Board, etc.
(1) The Regional Board shall meet at such times and places as the Chairman may determine and may, subject to the provisions of sub-sections (2) and (3), make regulations for regulating its procedure and the conduct of its business :
Provided that, after the submission of draft Regional plan to the State Government,
the Board shall meet only if so directed by the State Government.
(2) The Chairman and in his absence the Vice-Chairman (if any) and in the absence of the Chairman and the Vice-Chairman, any other member chosen by the members present from amongst themselves, shall preside at a meeting of the Board.
(3) All questions at a meeting of the Board shall be decided by a majority of votes of the members present and voting; and in the case of an equality of votes, the person
presiding shall have a second or casting vote.
(4) Minutes shall be kept of the names of the members present, and others who attend the meetings of the Board under the provisions of this Act, and of the proceedings at
each meeting, in a minute book to be kept for this purpose. The minutes shall be signed at the next ensuing meeting by the person presiding at such meeting, and shall be open to inspection by any member during the office hours.
S.10 Consultation or association with experts; Regional Planning Committee.
(1) A Regional Board may, with the previous sanction of the State Government, associate with itself or consult such persons whose assistance or advise it may desire for the purpose of performing any of its functions under this Act. Such persons may be paid by the Regional Board such remuneration or fees as may be sanctioned by the State
Government.
(2) The person so assisting or advising the Regional Board may take part in the discussions of the Regional Board relevant to the purpose for which he is associated or
consulted, but shall not have the right to vote at a meeting, or take part in the discussions of the Regional Board relating to matters connected with any other purpose.
(3) For the purpose of hearing any suggestions and objections received after the
publication of a draft Regional plan under section 16, a Regional Board shall appoint a Regional Planning Committee consisting of the Town Planning Officer and two other members of the Regional Board.
(4) The members of a Regional Planning Committee shall be entitled to such allowances for performing its functions under this Act as may be prescribed.
S.11 Power of Regional Board to appoint staff.
(1) For the efficient performance of its functions under this Act, a Regional Board, or an officer authorised by it, may appoint such officer and other staff as may be necessary. The officers and staff so appointed shall be entitled to receive such salaries or allowances, and shall be governed by such terms and conditions of service, as may be determined by the State Government.
(2) The officers and staff appointed by the Regional Board shall work under the superintendence and control of the Chairman.
S.12 Expenses of Regional Board.
All expenses incurred by a Regional Board, including expenses incurred on account
of salaries, allowances, fees and other remuneration payable to its members and to its officer and other staff (not being salaried Government officers or staff) shall be met from such funds as may be placed at the disposal of the Board by the State Government.
S.13 Survey of Region and preparation of Regional plan.
Subject to the provisions of this Act and the rules and regulations made thereunder, a Regional Board shall, with a view to securing planned development and use of land in a Region, carry out a survey thereof, prepare an existing-land-use map thereof, and other maps as are necessary for the purpose of preparing the Regional plan, and shall, within such period or periods as the State Government may from time to time determine in this behalf, prepare a report of the surveys, prepare the Regional plan and such other documents, maps and information as the Regional Board may deem fit for illustrating or explaining the provisions of the Regional plan.
S.14 Contents of Regional plan.
Subject to the provisions of this Act and any rules made thereunder for regulating
the form of a Regional plan and the manner in which it may be published, any such Regional plan shall indicate the manner in which the Regional Board propose that land in the Region should be used, whether by carrying out thereon development or otherwise, the stages by which any such development is to be carried out, the net-work of communications and transport, the proposals for conservation and development of natural resources, and such other matters as are likely to have an important influence on the development of the Region; and any such plan in particular, may provide for all or any of the following matters, or for such matters thereof as the State Government may direct, that is to say-
(a) allocation of land for different uses, general distribution and general locations of land, and the extent to which the land may be used as residential, industrial,
agricultural, or as forest, or for mineral exploitation ;
(b) reservation of areas for open spaces, gardens, recreation, zoological gardens, nature reserves, animal sanctuaries, dairies and health resorts ;
(c) transport and communications, such as roads, highways, railways, waterways, canals and airports, including their development ;
(d) water supply, drainage, sewerage, sewage disposal and other public utilities, amenities and services including electricity and gas ;
(e) reservation of sites for new towns, industrial estates and any other large scale development or project which is required to be undertaken for proper development of the Region or new town ;
(f) preservation, conservation and development of areas of natural scenery, forest, wild life, natural resources, and land-scaping ;
(g) preservation of objects, features, structures or places of historical, natural, architectural or scientific interest and educational value ;
(h) areas required for military and defence purposes ;
(i) prevention of erosion, provision for afforestation, or reforestation, improvement and redevelopment of water front areas, rivers and lakes ;
(j) proposals for irrigation, water supply and hydro-electric works, flood control and prevention of river pollution ;
(k) providing for the relocation of population or industry from over- populated and industrially congested areas, and indicating the density or population or the concentration of industry to be allowed in any areas;
1[(l) provisions for permission to be granted for controlling and regulating the use and development of land within the jurisdiction of a local authority or the Collector,
as the case may be, including imposition of fees, charges and premium, at such rate as may be fixed by the State Government or the Planning Authority, from time to time, for grant of an additional Floor Space Index or for the special premissions or for the use of discretionary powers under the relevant Development Control Regulations, and also for imposition of conditions and restrictions in regard to the open space to be maintained about buildings, the percentage of building area for a plot, the location, number, size, height, number of storeys and character of buildings and density of population allowed in a specified area, the use and purposes to which buildings or specified areas of land may or may not be appropriated, the sub-division of plots, the discontinuance of objectionable users of land in any area in reasonable periods, parking space and loading and unloading space for any building and the sizes of projections and advertisement signs and hoardings and other matters may be considered necessary for carrying out the objects of this Act.]
S.1 Short title, extent and commencement.
(1)This Act may be called the Maharashtra Regional and Town Planning Act, 1966.
(
2) It shall extend to the whole of the State of Maharashtra.
(
3) It shall come into force on such date
1 as the State Government may, by notification in the
Official Gazette, appoint but the State Government may if it thinks fit bring different provisions of this Act into force at different times.
