MRTP Chapter IV

Questions and Answers

What can the Planning Authority do if it deems it necessary to revoke or modify a permission to develop land?

Revoke or modify the permission without any conditions

Revoke or modify the permission after giving the person concerned an opportunity to be heard (correct)

Revoke or modify the permission only if the development plan is under preparation

Revoke or modify the permission without giving the person concerned an opportunity to be heard

Under what circumstance would an order revoking or modifying a permission not affect certain operations that have been previously carried out?

If the operations are related to change of use of land

If the operations are related to building but not other operations

If the operations have substantially progressed or have been completed (correct)

If the operations are minor in nature

When can an order revoking or modifying a permission related to change of use of land be passed?

Only if it has been approved by the Town Planning Officer

Before the change has taken place

Only if there is a significant impact on neighboring properties

At any time after the change has taken place (correct)

What happens if an owner claims compensation for expenditure incurred due to revocation or modification of permission?

The Planning Authority must assess and offer compensation after hearing the owner and considering the Town Planning Officer's report Signup and view all the answers

What happens if an owner refuses to accept the compensation offered by the Planning Authority?

The matter is referred for court adjudication Signup and view all the answers

Who assesses and offers compensation to an owner claiming for expenditure incurred due to revocation or modification of permission?

The Planning Authority must assess and offer compensation after hearing the owner and considering the Town Planning Officer's report Signup and view all the answers

In which scenario is permission from the Planning Authority not necessary for carrying out works?

Carrying out works for the maintenance, improvement, or alteration of a building that affects only the interior Signup and view all the answers

For which purpose is permission from the Planning Authority not necessary?

Excavation made in the ordinary course of agricultural operation Signup and view all the answers

Under what circumstance is permission from the Planning Authority not necessary for carrying out works?

Carrying out works required for inspecting, repairing, or renewing drains, sewers, mains, pipes, etc. Signup and view all the answers

In which case is permission from the Planning Authority not necessary?

Use of land normally used for one purpose and occasionally used for any other purpose Signup and view all the answers

For what type of construction is permission from the Planning Authority not necessary?

Construction of a road intended solely for agricultural purposes Signup and view all the answers

Under what circumstance is permission from the Planning Authority not necessary?

For normal use of land temporarily used for other purposes Signup and view all the answers

What happens if construction is not started within the first year or extended period of the initial permit?

A new application is required Signup and view all the answers

What is the consequence if the State Government does not make a final decision within six months of receiving the purchase notice?

The purchase notice is automatically confirmed Signup and view all the answers

What action can the landowner take if land is designated for compulsory acquisition or proposed for highway construction?

Serve a notice to the State Government requiring them to purchase the land Signup and view all the answers

What happens if the Appropriate Authority fails to apply for land acquisition within a year of the purchase notice confirmation?

The designation, allocation, or restriction on the land lapses Signup and view all the answers

What action can be taken if the Appropriate Authority determines that the land is no longer required for public purpose?

Request the Planning Authority or State Government to delete the designation, reservation, or allocation from the plan Signup and view all the answers

What must accompany a purchase notice served by a landowner to the State Government?

All of the above Signup and view all the answers

Who must an individual apply to for permission when wanting to develop land in Maharashtra?

The Planning Authority Signup and view all the answers

What happens if the Planning Authority does not make a decision within 60 days?

The application is automatically granted Signup and view all the answers

What is the validity period of a permission for development granted or deemed to be granted?

One year from the date of receipt of the grant Signup and view all the answers

In which situations does an individual not need to apply to the Planning Authority for permission?

Demolition or statutory notices Signup and view all the answers

To whom does the Planning Authority forward the certificate and plans within a month?

The Collector Signup and view all the answers

What body may an appellant appeal to within 40 days of receiving a permission decision?

The State Government or an appointed officer Signup and view all the answers

What does the Planning Authority consider when evaluating applications for permission?

The provisions of the draft or sanctioned regional plan, if available Signup and view all the answers

What happens if an appellant wins their appeal against a permission decision?

The permission is granted unconditionally or with modified conditions Signup and view all the answers

What does an Integrated Township Project involve in terms of applying for permission?

It entails a single application to the Planning Authority Signup and view all the answers

What is the potential consequence for carrying out unauthorised development as per the Act?

Imprisonment for a minimum of one month and a maximum of three years, along with a fine Signup and view all the answers

What is the penalty for continuing the offence of unauthorised development after the first conviction?

A further daily fine which may extend to two hundred rupees Signup and view all the answers

Under what circumstances can a person be convicted for unauthorised development?

If they commence, undertake, or carry out development without required permission or in contravention of granted permission Signup and view all the answers

What is the potential consequence for changing the use of land without appropriate permission?

Imprisonment for a term not less than one month but which may extend to three years, along with a fine not less than two thousand rupees but which may extend to five thousand rupees Signup and view all the answers

What is the consequence for a person using land in violation of a Development plan?

A fine of up to five thousand rupees and a daily fine for continuing offenses Signup and view all the answers

What action can the Planning Authority take if the notice served on the landowner is not complied with within the specified period?

Prosecute the owner and recover expenses Signup and view all the answers

Who can exercise powers under sections 53, 54, 55, and 56?

An officer designated by the Planning Authority Signup and view all the answers

Under what circumstance may an individual apply for permission to retain buildings or use land?

If served with a notice by the Planning Authority Signup and view all the answers

What happens if permission to retain buildings or use land is not granted by the Planning Authority?

The notice stands and the owner must take required steps to restore the land or comply with conditions Signup and view all the answers

What action can be taken if an individual claims compensation for expenditure incurred due to revocation or modification of permission?

The Appropriate Authority assesses and offers compensation Signup and view all the answers

What action can the Planning Authority take if a person fails to comply with a notice requiring the discontinuance of land use?

Request the District Magistrate or Commissioner of Police to remove the development summarily Signup and view all the answers

Who has the final decision-making authority on what constitutes temporary development?

Planning Authority Signup and view all the answers

Under what circumstances can an individual appeal to the State Government regarding a notice issued by the Planning Authority?

If they are aggrieved by such a notice and want it quashed or varied Signup and view all the answers

What action can be taken if a Designated Officer fails to take action against unauthorized construction or work?

Punish with imprisonment, fine, or both Signup and view all the answers

Under which provision can a person file a claim for compensation if they suffer damage or incur expenses due to a notice issued by the Planning Authority?

Section 53 Signup and view all the answers

What provision allows a person to serve a purchase notice on the State Government if they claim that compliance with a notice will render their land incapable of beneficial use?

Section 53A Signup and view all the answers

Under which sections can the Planning Authority recover any expenses incurred from the person in default or the landowner?

Sections 53,54,55, and 56 Signup and view all the answers

What is an individual's recourse if they are aggrieved by a notice issued by the Planning Authority?

File an appeal directly with the State Government Signup and view all the answers

What is the maximum period for which the State Government may extend the development proposals approved under sub-section (3)?

3 years Signup and view all the answers

Which sections do not apply to development carried out under the specified section?

44, 45, and 47 Signup and view all the answers

Under what circumstances may the Officer in charge of the development apply for an extension of the approved period?

Under intimation to the Planning Authority to the State Government Signup and view all the answers

What is the consequence for failing to inform the Planning Authority about the Government's intention to develop land?

The Planning Authority can raise objections and submit the proposals to the State Government for decision Signup and view all the answers

Under what circumstance can the State Government approve development proposals without modifications?

When it considers necessary modifications in the proposals as per consultation with the Director of Town Planning Signup and view all the answers

What action can be taken if an Officer in charge fails to make necessary modifications in the development proposals as per objections raised by the Planning Authority?

The State Government can direct the officer to make necessary modifications Signup and view all the answers

Under what circumstance may an individual apply for permission to retain buildings or use land?

When there is a revocation or modification of a permission related to change of use of land Signup and view all the answers

Study Notes

Any person wanting to develop land in Maharashtra must apply to the Planning Authority for permission, except for certain situations like demolition or statutory notices. (1)
The application process for an Integrated Township Project involves applying to the State Government instead of the Planning Authority. (2)
The Planning Authority may grant, grant with conditions, or refuse permission based on the provisions of the Act. (1)
A commencement certificate containing the granted permission, with or without conditions, must be issued. (2)
If the Planning Authority does not make a decision within 60 days, the application is automatically granted. (5)
The Planning Authority must forward the certificate and plans to the Collector within a month. (6)
The Planning Authority considers applications based on relevant plans or proposals published or sanctioned under the Act. (4)
An appellant may appeal to the State Government or an appointed officer within 40 days of receiving a permission decision. (1)
Every permission for development granted or deemed to be granted remains in force for a year from the date of receipt of the grant. (3)
The Planning Authority considers the provisions of the draft or sanctioned regional plan, if available, when considering the application for permission. (4)
If the regional plan is not available, the Planning Authority considers the Development Control Regulations applicable to the area under the Planning Authority. (4)
The appeal process allows the appellant and the Planning Authority to be heard before a decision is made. (1)
The State Government or the appointed officer may dismiss the appeal or allow it by granting permission unconditionally or with modified conditions. (2)
Section 55 of the text states that any person who continues to develop land unauthorizedly after being served notice will be punished with imprisonment, fine, or both, with additional fines for each day of non-compliance.
The Planning Authority can direct a person to remove unauthorized temporary developments and, if they do not comply, can request the District Magistrate or Commissioner of Police to remove the development summarily.
The decision of the Planning Authority on what constitutes temporary development is final.
A Planning Authority may issue a notice requiring the discontinuance of land use, imposing conditions, or requiring alterations or removal of buildings or works.
Any person aggrieved by such a notice may appeal to the State Government, who may dismiss or allow the appeal and quash or vary the notice.
If a person suffers damage or incurs expenses due to the notice, they may file a claim for compensation under the provisions of section 51.
If a person claims that the land will become incapable of beneficial use due to compliance with the notice, they may serve a purchase notice on the State Government, triggering provisions for land acquisition.
The Designated Officer who fails to take action against unauthorized construction or work will be punished with imprisonment, fine, or both, under section 56A.
The Planning Authority may recover any expenses incurred under sections 53, 54, 55, and 56 from the person in default or the landowner.

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CONTROL OF DEVELOPMENT AND USE OF LAND INCLUDED IN DEVELOPMENT PLANS.

MRTP Chapter IV

Questions and Answers

What can the Planning Authority do if it deems it necessary to revoke or modify a permission to develop land?

Under what circumstance would an order revoking or modifying a permission not affect certain operations that have been previously carried out?

When can an order revoking or modifying a permission related to change of use of land be passed?

What happens if an owner claims compensation for expenditure incurred due to revocation or modification of permission?

What happens if an owner refuses to accept the compensation offered by the Planning Authority?

Who assesses and offers compensation to an owner claiming for expenditure incurred due to revocation or modification of permission?

In which scenario is permission from the Planning Authority not necessary for carrying out works?

For which purpose is permission from the Planning Authority not necessary?

Under what circumstance is permission from the Planning Authority not necessary for carrying out works?

In which case is permission from the Planning Authority not necessary?

For what type of construction is permission from the Planning Authority not necessary?

Under what circumstance is permission from the Planning Authority not necessary?

What happens if construction is not started within the first year or extended period of the initial permit?

What is the consequence if the State Government does not make a final decision within six months of receiving the purchase notice?

What action can the landowner take if land is designated for compulsory acquisition or proposed for highway construction?

What happens if the Appropriate Authority fails to apply for land acquisition within a year of the purchase notice confirmation?

What action can be taken if the Appropriate Authority determines that the land is no longer required for public purpose?

What must accompany a purchase notice served by a landowner to the State Government?

Who must an individual apply to for permission when wanting to develop land in Maharashtra?

What happens if the Planning Authority does not make a decision within 60 days?

What is the validity period of a permission for development granted or deemed to be granted?

In which situations does an individual not need to apply to the Planning Authority for permission?

To whom does the Planning Authority forward the certificate and plans within a month?

What body may an appellant appeal to within 40 days of receiving a permission decision?

What does the Planning Authority consider when evaluating applications for permission?

What happens if an appellant wins their appeal against a permission decision?

What does an Integrated Township Project involve in terms of applying for permission?

What is the potential consequence for carrying out unauthorised development as per the Act?

What is the penalty for continuing the offence of unauthorised development after the first conviction?

Under what circumstances can a person be convicted for unauthorised development?

What is the potential consequence for changing the use of land without appropriate permission?

What is the consequence for a person using land in violation of a Development plan?

What action can the Planning Authority take if the notice served on the landowner is not complied with within the specified period?

Who can exercise powers under sections 53, 54, 55, and 56?

Under what circumstance may an individual apply for permission to retain buildings or use land?

What happens if permission to retain buildings or use land is not granted by the Planning Authority?

What action can be taken if an individual claims compensation for expenditure incurred due to revocation or modification of permission?

What action can the Planning Authority take if a person fails to comply with a notice requiring the discontinuance of land use?

Who has the final decision-making authority on what constitutes temporary development?

Under what circumstances can an individual appeal to the State Government regarding a notice issued by the Planning Authority?

What action can be taken if a Designated Officer fails to take action against unauthorized construction or work?

Under which provision can a person file a claim for compensation if they suffer damage or incur expenses due to a notice issued by the Planning Authority?

What provision allows a person to serve a purchase notice on the State Government if they claim that compliance with a notice will render their land incapable of beneficial use?

Under which sections can the Planning Authority recover any expenses incurred from the person in default or the landowner?

What is an individual's recourse if they are aggrieved by a notice issued by the Planning Authority?

What is the maximum period for which the State Government may extend the development proposals approved under sub-section (3)?

Which sections do not apply to development carried out under the specified section?

Under what circumstances may the Officer in charge of the development apply for an extension of the approved period?

What is the consequence for failing to inform the Planning Authority about the Government's intention to develop land?

Under what circumstance can the State Government approve development proposals without modifications?

What action can be taken if an Officer in charge fails to make necessary modifications in the development proposals as per objections raised by the Planning Authority?

Under what circumstance may an individual apply for permission to retain buildings or use land?

Study Notes

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