Maharashtra Town Planning Act Overview
42 Questions
1 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

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?

<p>Proceedings continue with the new Arbitrator (A)</p> 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?

<p>Nine months (B)</p> Signup and view all the answers

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

<p>The funds of the Planning Authority (D)</p> Signup and view all the answers

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

<p>The decision is final and binding on the parties. (B)</p> Signup and view all the answers

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

<p>An application through the Arbitrator to the State Government (B)</p> Signup and view all the answers

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

<p>The Tribunal can send a copy of its decision back to the Arbitrator for changes. (A)</p> Signup and view all the answers

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

<p>If it does not meet public interest criteria. (C)</p> Signup and view all the answers

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

<p>Salaries, fees for Arbitrators, and incidental expenses (D)</p> Signup and view all the answers

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

<p>The Arbitrator makes variations in the scheme if necessary. (C)</p> Signup and view all the answers

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

<p>Provisions of this Chapter may apply (A)</p> Signup and view all the answers

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

<p>Forward it along with relevant decisions to the State Government. (D)</p> Signup and view all the answers

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

<p>Planning Authority or owners concerned (D)</p> Signup and view all the answers

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

<p>An agent authorized in writing (A)</p> Signup and view all the answers

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

<p>To enforce attendance and evidence production (B)</p> Signup and view all the answers

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

<p>The costs may be directed to the Planning Authority or owners (C)</p> Signup and view all the answers

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

<p>Sections 69, 70, 97, 98, and 100 (B)</p> Signup and view all the answers

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

<p>Witnesses are compelled to provide evidence (A)</p> Signup and view all the answers

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

<p>The Civil Procedure Code of 1908 (B)</p> Signup and view all the answers

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

<p>Apply in writing to the State Government for a variation. (A)</p> Signup and view all the answers

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

<p>Whether the variation is substantial or not. (A)</p> Signup and view all the answers

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

<p>To inform the public of proposed amendments to the scheme. (B)</p> Signup and view all the answers

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

<p>Every amendment proposed to be made in the scheme. (A)</p> Signup and view all the answers

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

<p>To define and demarcate the areas allotted for public purposes (B)</p> Signup and view all the answers

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

<p>They may communicate their objections in writing. (A)</p> Signup and view all the answers

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

<p>When plots are allotted to persons in ownership in common (A)</p> Signup and view all the answers

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

<p>One month from the publication date. (A)</p> Signup and view all the answers

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

<p>Total or partial transfer of rights to a final plot (D)</p> Signup and view all the answers

Where can the draft variation be inspected by the public?

<p>At the Planning Authority's office during office hours. (A)</p> Signup and view all the answers

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

<p>The period within which the works shall be completed (D)</p> Signup and view all the answers

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

<p>The preliminary scheme and the final scheme for sanction (B)</p> Signup and view all the answers

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

<p>The existing scheme remains unchanged. (C)</p> 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?

<p>Ten (B)</p> Signup and view all the answers

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

<p>6% per annum (B)</p> 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?

<p>They are deemed to have elected to pay by instalments. (A)</p> Signup and view all the answers

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

<p>Interest is charged from the election date. (C)</p> Signup and view all the answers

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

<p>In proportion to the estimated increment for each plot (B)</p> Signup and view all the answers

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

<p>They can make agreements subject to the State Government's power to modify or disallow. (A)</p> 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?

<p>The agreed distribution overrides the standard distribution method. (C)</p> Signup and view all the answers

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

<p>Agreements take effect after the town planning scheme is implemented. (D)</p> Signup and view all the answers

Flashcards

Arbitrator's Role

The Arbitrator, after proper notification, defines the designated areas, plots, and allocates them to specific individuals or entities based on the Planning Authority's objectives.

Plot Allocation Process

The Arbitrator determines the individual(s) to whom final plots will be allocated, the timing of allocation, and the ownership shares in case of joint ownership.

Transfer of Rights

The Arbitrator enables the transfer of rights from the original plot to the final plot, either fully or partially, complying with the provisions of section 101.

Completion Deadline

The Arbitrator sets a timeframe for the completion of works outlined in the planning scheme by the responsible authority.

Signup and view all the flashcards

Preliminary and Final Schemes

The Arbitrator prepares a preliminary scheme, submits it to the State Government for approval, and then prepares and submits a final scheme based on the approved preliminary scheme.

Signup and view all the flashcards

Arbitrator Removal

The State Government can remove an Arbitrator for incompetence, misconduct, or any other good reason. They must appoint a new Arbitrator to continue the pending proceedings.

Signup and view all the flashcards

Arbitrator Appointment

The State Government appoints an Arbitrator to handle town planning scheme disputes. This person will be responsible for resolving issues and creating the schemes.

Signup and view all the flashcards

Preliminary Scheme

The Arbitrator must divide the town planning scheme into two parts: a preliminary scheme and a final scheme. The preliminary scheme must be prepared within 9 months.

Signup and view all the flashcards

Final Scheme Deadline

The Arbitrator has 18 months from appointment to create the final scheme. The State Government can extend this period by a maximum of 3 months.

Signup and view all the flashcards

Scheme Extension (Special Case)

If a town planning scheme hasn't been subdivided into preliminary and final schemes within the extended deadline, the State Government can extend the period by an additional 2 years.

Signup and view all the flashcards

Who pays for the Tribunal of Appeal?

The Planning Authority covers the salaries of the Tribunal of Appeal president and assessors, arbitrator fees, and Tribunal operating expenses.

Signup and view all the flashcards

What happens if there's no appeal?

If no one appeals the Arbitrator's decisions on certain matters, they become final and binding on all parties.

Signup and view all the flashcards

How does the Tribunal of Appeal's decision affect the scheme?

The Arbitrator adjusts the scheme based on the Tribunal of Appeal's decision, correcting errors, and then submits it to the State Government for final approval.

Signup and view all the flashcards

What's the process for taking land before the scheme is finalized?

The Planning Authority can request the State Government to grant them possession of land needed for the scheme's works before it's finalized.

Signup and view all the flashcards

Who decides on the emergency land acquisition?

The State Government reviews the request and either directs the Arbitrator to take possession of the land or refuses, providing reasons.

Signup and view all the flashcards

What types of decisions are final without appeal?

The Arbitrator's decisions on matters like the scheme's final form, land division, and certain infrastructure projects are final if no appeal occurs.

Signup and view all the flashcards

What does the Arbitrator do after the Tribunal of Appeal decides?

The Arbitrator incorporates the Tribunal's decision into the scheme, corrects any errors, and submits the final scheme to the State Government for approval.

Signup and view all the flashcards

When can the Planning Authority take land?

The Planning Authority can take land in advance of the scheme's finalization if deemed necessary for urgent public works related to the scheme.

Signup and view all the flashcards

Scheme Variation

The process of making changes to a final urban planning scheme after it comes into effect.

Signup and view all the flashcards

Error, Irregularity, or Informality

These are reasons why a planning scheme might need to be adjusted. They refer to mistakes, inconsistencies, or incomplete parts of the scheme.

Signup and view all the flashcards

State Government's Role

The State Government has the authority to approve or reject the Planning Authority's request to vary the scheme.

Signup and view all the flashcards

Minor Variation

Changes to the planning scheme that are small and don't significantly alter the overall plan.

Signup and view all the flashcards

Draft Variation

A proposed version of the planned changes to the scheme.

Signup and view all the flashcards

Published Notice

The Planning Authority must publicly announce the proposed changes to the scheme.

Signup and view all the flashcards

Public Objection Period

A time frame given to the public to express their concerns or suggestions about the proposed changes.

Signup and view all the flashcards

Planning Authority

The organization responsible for creating and managing the planning scheme for a region or town.

Signup and view all the flashcards

Scheme Withdrawal or Sanction Refusal

If a town planning scheme is withdrawn or its final cost apportionment is not approved by the State Government, the State Government can decide who bears the cost. This may involve the Planning Authority or the owners, or a combination of both, with the State Government determining the proportion of cost borne by each.

Signup and view all the flashcards

Who Represents in Appeals?

In proceedings before an Arbitrator or the Tribunal of Appeal, parties can appear themselves or through written authorization by an agent.

Signup and view all the flashcards

Witness Power

Officers appointed under section 71, Arbitrators, and the Tribunal of Appeal have the power to summon and force witnesses (including parties) to attend proceedings, provide testimony, and produce documents. They can do this using methods similar to those outlined in the Code of Civil Procedure (India).

Signup and view all the flashcards

Payment Options for Development Charges

The owner of a final plot can choose to pay development charges in a single lump sum or through annual installments, with a maximum of ten installments. Interest at 6% per annum applies to installment payments.

Signup and view all the flashcards

Interest on Development Charges

If the owner chooses installments, interest at 6% per annum is charged on the outstanding balance. Failure to pay the lump sum by the deadline also incurs interest.

Signup and view all the flashcards

Defaulting on Payment

If the owner doesn't choose their payment option by the specified date, they are automatically assumed to have chosen installments, and interest begins to accrue.

Signup and view all the flashcards

Distribution of Development Charges

When multiple plots are owned by the same person, development charges are distributed proportionally based on the estimated increment in value for each plot, unless the owner and the Planning Authority agree otherwise.

Signup and view all the flashcards

Planning Authority Agreements

The Planning Authority can make agreements with individuals regarding any aspect of a town planning scheme, subject to the State Government's approval. Such agreements take effect when the scheme is finalized.

Signup and view all the flashcards

State Government's Role in Planning

The State Government retains the power to modify or reject any agreements made by the Planning Authority and individuals.

Signup and view all the flashcards

Effect of Planning Scheme

Agreements made before the finalization of a town planning scheme become effective only after the scheme's implementation.

Signup and view all the flashcards

Flexibility in Planning Agreements

Planning agreements are flexible and can be modified or disallowed by the State Government unless they explicitly state otherwise

Signup and view all the flashcards

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.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

Maharashtra Regional and Town Planning Act, 1966 PDF

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.

More Like This

Use Quizgecko on...
Browser
Open
Browser
Browser