Maharashtra Town Planning Act Overview

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Questions and Answers

What reasons justify the removal of an Arbitrator by the State Government?

Financial mismanagement

Unpopularity among the public

Incompetence or misconduct (correct)

Personal disagreements

Within what time frame is the Arbitrator required to prepare the preliminary scheme?

Twelve months

Eighteen months

Six months

Nine months (correct)

What is the maximum time extension the State Government can provide to the Arbitrator for completing the final scheme?

Three months

Two years (correct)

Five years

One year

What occurs to the proceedings pending before an Arbitrator when he is removed or replaced?

Proceedings continue with the new Arbitrator Signup and view all the answers

What is the total maximum period for which the initial extension of the Arbitrator's time can be granted?

Nine months Signup and view all the answers

Where do the funds for the salary of the President of the Tribunal of Appeal come from?

The funds of the Planning Authority Signup and view all the answers

What happens if no appeal is made regarding an Arbitrator's decision?

The decision is final and binding on the parties. Signup and view all the answers

What is required for the Planning Authority to enter land for urgent works?

An application through the Arbitrator to the State Government Signup and view all the answers

What can the Tribunal of Appeal decide regarding the Arbitrator's decisions?

The Tribunal can send a copy of its decision back to the Arbitrator for changes. Signup and view all the answers

Under what conditions can the State Government refuse to direct the Arbitrator to take possession of land?

If it does not meet public interest criteria. Signup and view all the answers

What type of costs may be added to the scheme from the funds of the Planning Authority?

Salaries, fees for Arbitrators, and incidental expenses Signup and view all the answers

What role does the Arbitrator play in relation to the Tribunal of Appeal's decision?

The Arbitrator makes variations in the scheme if necessary. Signup and view all the answers

What must be applied to a varied scheme according to the Act?

Provisions of this Chapter may apply Signup and view all the answers

What must the Arbitrator do with the final scheme after making revisions?

Forward it along with relevant decisions to the State Government. Signup and view all the answers

In case of a town planning scheme withdrawal, who may bear the costs?

Planning Authority or owners concerned Signup and view all the answers

Who is allowed to represent a party in proceedings before an Arbitrator or Tribunal?

An agent authorized in writing Signup and view all the answers

What is the role of an officer appointed under subsection (1) of Section 71?

To enforce attendance and evidence production Signup and view all the answers

What happens if a scheme sanction is refused by the State Government?

The costs may be directed to the Planning Authority or owners Signup and view all the answers

What sections are referenced for declaring intention to make a scheme?

Sections 69, 70, 97, 98, and 100 Signup and view all the answers

What is required for witnesses during proceedings before an Arbitrator or Tribunal?

Witnesses are compelled to provide evidence Signup and view all the answers

Which document outlines the manner in which attendance is enforced during proceedings?

The Civil Procedure Code of 1908 Signup and view all the answers

What must the Planning Authority do if it finds an error or irregularity in the scheme?

Apply in writing to the State Government for a variation. Signup and view all the answers

What determines whether the State Government will authorize a draft variation?

Whether the variation is substantial or not. Signup and view all the answers

What is the purpose of the draft variation published by the Planning Authority?

To inform the public of proposed amendments to the scheme. Signup and view all the answers

What should be included in the notice of preparation of draft variation?

Every amendment proposed to be made in the scheme. Signup and view all the answers

What is the role of the Arbitrator in the preliminary scheme regarding the areas reserved for public purposes?

To define and demarcate the areas allotted for public purposes Signup and view all the answers

What right do affected individuals have after the publication of the notice regarding the draft variation?

They may communicate their objections in writing. Signup and view all the answers

Under what condition does the Arbitrator decide the shares of persons in ownership in common for a plot?

When plots are allotted to persons in ownership in common Signup and view all the answers

How long do individuals have to communicate their objections to the draft variation?

One month from the publication date. Signup and view all the answers

What does the Arbitrator provide for regarding rights in an original plot?

Total or partial transfer of rights to a final plot Signup and view all the answers

Where can the draft variation be inspected by the public?

At the Planning Authority's office during office hours. Signup and view all the answers

What must the Arbitrator determine in terms of the completion of works in the scheme?

The period within which the works shall be completed Signup and view all the answers

What must the Arbitrator submit to the State Government after preparing the preliminary scheme?

The preliminary scheme and the final scheme for sanction Signup and view all the answers

What happens if the State Government finds the variation to be substantial?

The existing scheme remains unchanged. Signup and view all the answers

What is the maximum number of annual instalments allowed for the payment of the net amount under the Act?

Ten Signup and view all the answers

What interest rate is charged on the net amount payable if the owner opts for instalments?

6% per annum Signup and view all the answers

If an owner fails to elect an option for payment by the specified date, what is the assumption made?

They are deemed to have elected to pay by instalments. Signup and view all the answers

What happens if the owner elects to pay in one sum but fails to do so?

Interest is charged from the election date. Signup and view all the answers

How is the net amount payable distributed among final plots in the same ownership?

In proportion to the estimated increment for each plot Signup and view all the answers

What authority does the Planning Authority have concerning agreements made in town planning schemes?

They can make agreements subject to the State Government's power to modify or disallow. Signup and view all the answers

What condition applies if the Planning Authority and the owner agree on a different method of distribution of payment?

The agreed distribution overrides the standard distribution method. Signup and view all the answers

Under the Act, which of the following is true regarding the planning scheme coming into force?

Agreements take effect after the town planning scheme is implemented. Signup and view all the answers

Study Notes

Maharashtra Regional and Town Planning Act, 1966

Development Proposals: Approved by the State Government remain in force for one year, then lapse. Extensions are possible up to three years. Lapses do not prevent future fresh applications.
Chapter V (Town Planning Schemes): Planning authorities can make schemes for development areas in their jurisdiction.
Matters Included in Schemes: Schemes can address matters in Section 22, laying/re-laying land (including comprehensive development), filling/reclaiming low-lying areas, street layouts, building construction, and other matters as directed by the State Government.
Declaration of Intention: Planning Authorities declare their intention to create a scheme, publish it, and notify related bodies.
Draft Scheme (and Notice): A draft scheme is prepared within nine months of the declaration. It's open for public inspection and notice is published.
Objections and Modifications: Objections to the draft scheme are received and considered. The draft scheme may be modified.
State Government Sanction: The State Government reviews the draft schemes and provides sanction (or refusal.)
Extension of Time: State Government may extend time periods, typically for up to three months.
Additional Areas: Planning authorities may include additional areas in the schemes after informing the State Government which notifies the local newspapers and other local media.
Authority to Require Schemes: State Government can require Planning Authorities to prepare and submit scheme drafts.
Draft Scheme Contents: The draft scheme contains specific details about ownership, area, land tenure, estimated costs, and aspects from Section 59.
Reconstructed Plots: Necessary size and shape details must be included in the scheme.
Compensation: Provisions for compensation for land owners are detailed.
Public Purpose Allocation: Provisions for land allocation for public purposes; includes parks, roads, and public utility places. Additional detail about specific areas is described in the Act.
Objections and Modifications: Provisions are made for considering public objections and modifying the scheme.
Scheme Implementation: Prohibits changing land/building use without prior permission.
Executing Works: Planning Authorities must complete scheme works by a stated time.
Removal of Boundary Stones: A penalty is imposed for anyone destroying or damaging boundary markers.
Variation of Schemes: Schemes may be varied if errors/irregularities are found. The State Government issues a notification authorizing a variation.
Removal of Buildings: Planning Authorities may remove buildings that violate scheme provisions.
Disputes concerning Ownership: Procedures are defined for resolving disputes about land ownership.
Joint Development Schemes: Joint development plans may be prepared if contiguous areas have common interests. Key information for joint development schemes is documented.
Determining Scheme Costs: Provisions on how the costs of schemes will be calculated and handled.
Arbitration and Tribunals: Processes for arbitration and appeal tribunals to resolve disputes related to the scheme are defined.
Publication of Scheme: Publishing a notice concerning the scheme is required by law.
Enforcement of Schemes: Planning Authorities may enforce scheme provisions.
Miscellaneous Provisions: Rules governing disputes, agreements, recovery of sums owed to the local government, and the process of amending schemes.

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Description

Explore the key points of the Maharashtra Regional and Town Planning Act, 1966, including development proposals, planning schemes, and procedures for public involvement. This quiz covers Chapter V, which focuses on the responsibilities of planning authorities and important provisions within the Act. Test your knowledge on the intricacies of town planning in Maharashtra.