MRTP Chapter III

101 Questions

Who may carry out necessary survey of the area and prepare an existing-land-use map if the draft Development plan is not submitted to the State Government within the specified period?

Divisional Joint Director or Deputy Director of Town Planning and Valuation Department

In case the draft Development plan is not submitted within the specified period, who has the authority to prepare a Development plan and submit it to the State Government for sanction?

Divisional Joint Director or Deputy Director of Town Planning and Valuation Department

Who is responsible for recovering the cost of preparing a Development plan from the funds of the Planning Authority if it is not submitted within the specified period?

The officer carrying out necessary survey and preparing the plan

If a Development plan is prepared by an officer nominated by the Divisional Joint Director, who exercises all the powers and performs all functions necessary for its preparation?

The nominated officer

What particulars should be available for inspection by the public in relation to the draft Development plan?

A report on the existing-land-use map and the surveys carried out

What must be considered while preparing the draft Development plan if any area is included in a Region?

Proposals made in any draft Regional plan or any final Regional plan

Under what circumstances can modifications be made to a draft Regional plan?

With the concurrence of the Regional Board

What is included in the particulars available for sale to the public at a reasonable price at the named place?

Copies of or extracts from reports and maps related to the draft Development plan

What does the notice regarding inspection and sale of particulars aim to ensure?

Transparency and accessibility of information to the public

What should be available for inspection by the public in relation to the draft Development plan according to the text?

A report explaining provisions of the draft Development plan

What is one of the factors that should be considered while preparing the draft Development plan under certain circumstances?

Cost involved in acquisition of lands required for public purposes

Under what circumstances can modifications be made to a final Regional plan?

With approval of the State Government

What is the maximum percentage by which a change in the proposal of allocating the use of certain lands from one zone to any other zone can result in increasing the area in that other zone?

10%

When should a Planning Authority resolve to appoint a Town Planning Officer for carrying out survey and preparing an existing-land-use map?

Before making a declaration of its intention to prepare a Development plan

How long is the period for inviting objections and suggestions from the public after publishing a notice of declaration of intention to prepare a Development plan in the Official Gazette?

30 days

What is the maximum time limit for a Planning Authority to prepare a draft Development plan and publish a notice inviting objections and suggestions after carrying out a survey?

Two years

How long should the period for inviting objections and suggestions be in case of a Municipal Corporation having population of ten lakhs or more as per the latest census?

Sixty days

What is the maximum time limit for preparation and publication of notice of the draft Development plan, as per the State Government's extension?

24 months for Municipal Corporation having population of one crore or more

What is required to be shown on an existing-land-use map prepared by a Planning Authority?

The existing use of land

When should a Planning Authority make a declaration of its intention to prepare a Development plan?

After carrying out a survey and preparing an existing-land-use map

What is required before appointing a person as Town Planning Officer by the Planning Authority?

No specific requirement

What does the text mention about the consequences of a Planning Authority failing to complete its duties within the specified timeframe?

An officer takes over and has the power to recover costs from the Planning Authority's funds

What is included in the Development plans according to the text?

Land use regulations, proposals for various land uses, open spaces, public utilities, community facilities

Who may substantially modify the Development plan?

State Government

What permissions can be granted within a local authority's jurisdiction according to the text?

Controlling and regulating the use and development of land, including imposition of fees, charges, and conditions

What is covered in the text regarding the process of declaring intention to prepare a Development plan?

Filling up or reclaiming lands

What happens if a local authority is converted or amalgamated into another local authority?

Specific provisions for handling such cases are included in the text

What does the text say about altering and modifying the Development plan?

The State Government may approve alterations and modifications as necessary

What specific matters are mentioned to be included in a Development plan according to the text?

Residential, industrial, commercial, agricultural uses, public institutions, transport, water supply

What can be done if there is a need to reduce the area of a reserved site by over 50%?

Substantial modification by State Government

What powers does an officer have if taking over from a Planning Authority that failed to complete its duties within specified timeframe?

Power to recover costs from Planning Authority's funds

What does the text say about permissions granted within a local authority's jurisdiction?

Permissions can be granted for controlling and regulating the use and development of land within a local authority's jurisdiction including imposition of fees, charges, conditions.

Who is responsible for considering and modifying the draft Development plan based on the suggestions or objections received?

The Planning Authority

What is the composition of the Planning Committee responsible for considering objections and suggestions received for the draft Development plan?

Three members of the Standing Committee of the Planning Authority and up to four persons appointed by the Director of Town Planning

Under what circumstances may an Officer nominated by the Divisional Joint Director exercise the powers and duties of the Planning Authority?

If the Planning Authority fails to complete its duties within a specified timeframe

Who has the authority to prepare a Development plan if it is not submitted within the specified period?

Officer nominated by the Divisional Joint Director

What is required before appointing a person as Town Planning Officer by the Planning Authority?

Approval from State Government

What happens if a local authority is converted or amalgamated into another local authority?

The existing Development plan continues to apply until modified or replaced by new local authority

What permissions can be granted within a local authority's jurisdiction according to the text?

Permissions for development activity subject to certain conditions and restrictions

What should be available for inspection by the public in relation to the draft Development plan according to the text?

Entire draft Development plan and all relevant documents except confidential information

Who has the power to make enquiries and give reasonable opportunities of being heard to persons making objections or suggestions?

The Planning Authority

When must the Planning Committee submit a report to the Planning Authority or the appointed officer?

Within 2 months from the date of its appointment

Under what circumstances may the State Government extend the period for sanctioning the draft Development Plan?

If it falls under the jurisdiction of a Metropolitan Planning Committee

What happens if substantial modifications are proposed by the State Government or the Planning Authority?

A notice is published inviting objections and suggestions from any person within one month

Who may sanction the plan after consulting the Director of Town Planning?

The State Government

What does the Planning Committee consist of, in addition to experts with special knowledge in planning, environment, or both?

The person or persons appointed under section 162

What is required before submitting the draft Development Plan to the State Government for sanction?

Consultation with experts and consideration of objections and suggestions

What happens if a notice inviting objections and suggestions is published due to substantial modifications proposed by the State Government or Planning Authority?

The draft Development Plan is returned for further modifications

What action can be taken by the State Government if it decides not to sanction a draft Development Plan?

Return it for further modifications

What action can be taken if there is a need to reduce an area reserved by over 50%?

Return it for further modifications

Who has authority to extend the period for sanctioning a Development Plan beyond specified time?

State Government

What is the maximum time limit for a Planning Authority to submit the plans for an area of Comprehensive development to the State Government for sanction?

3 months from the date of receipt of such plans

What happens if any area is withdrawn from the jurisdiction of a Planning Authority?

The proposals made for that area in a Development plan are deemed to be withdrawn

When does a Development plan prepared before the commencement of this Act become deemed as a final Development plan sanctioned under this Act?

If it has been sanctioned by the State Government

What should a Planning Authority do if modifications are needed in any part of a final Development plan?

Publish a notice inviting objections and suggestions from any person with respect to the proposed modifications

What must be done if an additional area is included within the jurisdiction of a Planning Authority?

(1) Make a fresh declaration of intention to prepare a Development plan for the additional area (2) Prepare a draft Development plan and publish a notice regarding its preparation for such additional area (3) Submit it to the State Government for sanction after following the same procedure as for submission of a draft Development plan to the State Government.

What happens if the Government does not sanction or return a Development plan within the specified time?

The plan is considered approved

Who can the State Government appoint to hear objections and suggestions regarding the Development plan?

An officer

What should an interim Development plan address?

Matters mentioned in specific clauses and other matters as decided by the Planning Authority or directed by the State Government

What must be included in an interim Development plan?

Necessary maps and descriptive matter to explain the proposals

What can the State Government do regarding its powers and functions under this section?

Delegate them to the Director of Town Planning

What applies to an interim Development plan?

Provisions related to preparation and publication of a Development plan, except for certain sections

What is the time limit for preparing and publishing an interim Development plan after notice in the Official Gazette?

One year with a possible twelve-month extension

What is required before granting approval for a Development plan?

Consider objections and suggestions from the public

Who can prepare and publish an interim Development plan?

A Planning Authority pending preparation of a draft Development plan

What should be included in an interim Development plan according to specific clauses?

Matters mentioned in clauses (a), (b), and (c) of section 22, and other matters as decided by the Planning Authority or directed by the State Government.

What is the time limit for the Planning Authority to submit the proposed modification to the State Government for sanction?

One year from the date of notice in the Official Gazette

What happens if the Planning Authority fails to issue the notice as directed by the State Government?

The State Government shall issue the notice and apply the provisions of sub-section (1)

What is the consequence if a proposed modification is not submitted within the specified period?

The proposal of modification shall be deemed to have lapsed

What is the maximum time limit for a Planning Authority to revise final Development plans?

Once every twenty years

Who has the power to approve modifications to final Development plans with or without changes?

State Government

Under what circumstances can temporary changes of user for playgrounds be permitted?

For specific occasions and emergencies

When can a Planning Authority vary a town planning scheme based on proposals in a final Development plan?

When final Development plan contains proposals varying from those in the town planning scheme

What is required before approving modifications to Slum Rehabilitation Schemes?

Consultation with the Director of Town Planning

Under what circumstances can a Special Planning Authority be established?

For developing notified areas

What is the authority responsible for revising final Development plans?

Planning Authority

Who can submit proposals to the State Government for sanction of modifications required for Slum Rehabilitation Schemes?

Slum Rehabilitation Authority

In what publication should notices inviting objections and suggestions be made according to the text?

Official Gazette and served to all affected parties.

Who has the authority to permit temporary changes of user for playgrounds for specific occasions and emergencies?

State Government or Planning Authority

What is required before submitting proposals for modification of Slum Rehabilitation Schemes to the State Government?

Consultation with the Director of Town Planning.

Under what circumstances can temporary changes of user for playgrounds be permitted?

For specific occasions and emergencies.

Who has the authority to appoint a Special Planning Authority for the development of an undeveloped area?

The State Government

Which entity can be appointed as a Special Planning Authority for industrial areas?

Maharashtra Industrial Development Corporation

Who appoints the Chairman and Vice-Chairman of the Special Planning Authority?

The State Government

Which provision applies to the Special Planning Authority, with certain modifications such as section 8 not applying and no need to make development plans?

$Chapter VI$ of the Act

Under what circumstances can a government agency or authority, company, or corporation be appointed as a Special Planning Authority?

$Sub-section (1B)$ of the Act

Who may constitute a Special Planning Authority as per clause (a) of sub-section (1)?

$Chairman, Vice-Chairman, MLAs, municipal representatives, Deputy Director of Town Planning, Executive Engineer, and Assistant Collector$

Who can appoint other Development Authorities or Bombay Metropolitan Region Development Authority as a Special Planning Authority?

State Government only

Under what circumstances can Maharashtra Industrial Development Corporation be appointed as a Special Planning Authority?

For industrial areas under Maharashtra Industrial Development Act

Who becomes the Vice-Chairman if the municipal area is part of the notified area?

President of the Municipal Council

What is the maximum time limit for the Special Planning Authority (SPA) to invite objections and suggestions from the public after publishing draft proposals?

30 days

Under what circumstances can the SPA acquire land in the notified area for development?

Both under the Land Acquisition Act of 1894 and by agreement

What happens if land has not been acquired within ten years of a notification under section 40(1)?

The SPA must acquire the interest in the land

What must Local authorities do for meeting the expenses of the SPA for purposes of this Act?

Pay a contribution to the SPA

What does section 122 omit from its text?

The words "constituted under sub-section (2) of section 113"

What is required before submitting proposals to the State Government for development?

Carrying out a survey and preparing an existing land-use map of the area

What is necessary before acquiring land in a notified area for development?

Consultation with affected persons

What does every Planning Authority must carry out once approved plans come into operation?

Carry out the provisions of any approved plan or plans

What can be done if there is a need to reduce an area reserved by over 50%?

State Government may recover unpaid contributions from local authority or persons holding their money

Who has authority to revise final Development plans?

State Government after consulting with Director of Town Planning

What happens if a local authority fails to pay its contribution to meet expenses of SPA?

SPA may recover unpaid contributions from local authority or persons holding their money

Study Notes

The text outlines provisions related to the preparation and implementation of Development Plans in accordance with the relevant Indian Act.
If a Planning Authority fails to complete its duties within the specified timeframe, an officer is deemed to take over and complete the task, with the power to recover costs from the Planning Authority's funds.
Development plans shall indicate land use regulations, proposals for various land uses, open spaces, public utilities, community facilities, and more.
The text mentions specific matters to be included in a Development plan, such as residential, industrial, commercial, agricultural, recreational uses, public institutions, transport, water supply, flood control, and land acquisition proposals.
The Development plan can be modified substantially by the State Government, reducing the area of a reserved site by over 50%.
The process of declaring the intention to prepare a Development plan and filling up or reclaiming lands is also covered.
Permissions can be granted for controlling and regulating the use and development of land within a local authority's jurisdiction, including the imposition of fees, charges, and conditions.
The text also includes provisions for the handling of cases where a local authority is converted or amalgamated into another local authority.
The Development plan should be indicative of the manner in which the use of land in the area of a Planning Authority shall be regulated and the development of land carried out.
The State Government may approve alterations and modifications to the Development plan as necessary.
The text discusses provisions related to the approval process for Development plans in the jurisdiction of a Planning Authority.
If the Government does not sanction or return a Development plan within the specified time, it is considered approved.
The State Government may appoint an officer to hear objections and suggestions regarding the plan and submit a report to the Government.
The Government must consider objections and suggestions before granting approval.
The State Government can delegate its powers and functions under this section to the Director of Town Planning.
Pending the preparation of a draft Development plan, a Planning Authority can prepare and publish an interim Development plan for the entire area or a part of it.
The interim Development plan applies the provisions related to the preparation and publication of a Development plan, except for certain sections.
The interim Development plan should be prepared and published within one year from the date of notice in the Official Gazette, with the possibility of a twelve-month extension.
The interim Development plan should only address matters mentioned in clauses (a), (b), and (c) of section 22, and other matters as decided by the Planning Authority or directed by the State Government.
The interim Development plan should consist of necessary maps and descriptive matter to explain the proposals.
The State Government has the power to modify final Development plans without changing their character, if considered necessary in the public interest (1AA).
Notices inviting objections and suggestions from affected persons and the Planning Authority must be published in the Official Gazette and served to all affected parties.
After hearing objections and suggestions, the State Government may approve modifications with or without changes or choose not to carry them out (1AA).
The Slum Rehabilitation Authority can publish notices for modifications required for Slum Rehabilitation Schemes and submit proposals to the State Government for sanction (1-B).
After consultation with the Director of Town Planning, the State Government may sanction modifications with or without changes or refuse to do so (1-B).
The State Government or Planning Authority can permit temporary changes of user for playgrounds for specific occasions and emergencies (37A).
At least once every twenty years, a Planning Authority may revise final Development plans, carrying out new surveys and preparing existing-land-use maps if necessary (38).
Where a final Development plan contains proposals that vary from those made in a town planning scheme, the Planning Authority must vary the scheme accordingly (39).
The State Government can establish a Special Planning Authority for developing notified areas (40) [optional].
The Special Planning Authority (SPA) is required to carry out a survey and prepare an existing land-use map of the area before submitting proposals to the State Government for development.
The SPA must publish draft proposals in the Official Gazette and local newspapers, inviting objections and suggestions from the public within 30 days.
The SPA may give individual notices to persons affected by the draft proposals and consider objections or suggestions before submitting the proposals to the State Government for approval.
The State Government's approval of the proposals must be published in the Official Gazette.
The SPA has the power to acquire land in the notified area for development under the Land Acquisition Act of 1894 or by agreement.
If land has not been acquired within ten years of a notification under section 40(1), the owner may require the SPA to acquire their interest in the land.
The words "constituted under sub-section (2) of section 113" shall be omitted from section 122.
Local authorities must pay a contribution to the SPA for meeting the expenses of the SPA for the purposes of this Act.
The State Government may recover unpaid contributions from the local authority or persons holding their money.
Every Planning Authority must carry out the provisions of any approved plan or plans once they come into operation.

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