Maharashtra Regional and Town Planning Act 1966 PDF

1966 : Mah. XXXVII] Maharashtra Regional and Town 3 Planning Act, 1966 Amended by Mah. 35 of 2014 (24-12-2014) @. Amended by Mah. 38 of 2014 @ @ (4-10-2...

1966 : Mah. XXXVII] Maharashtra Regional and Town 3 Planning Act, 1966 Amended by Mah. 35 of 2014 (24-12-2014) @. Amended by Mah. 38 of 2014 @ @ (4-10-2013)+. Amended by Mah. 43 of 2014 (22-4-2015) @ @ @. Amended by Mah. 32 of 2015  (28-4-2015) +. Amended by Mah. 37 of 2015 (21-8-2015) +. An Act to make provision for planning the development and use of land in Regions established for that purpose and for the constitution of Regional Planning Boards therefor; to make better provisions for the preparation of Development plans with a view to ensuring that town planning schemes are made in a proper manner and their execution is made effective; to provide for the creation of new towns by means of Development Authorities; to make provisions for the compulsory acquisition of land required for public purposes in respect of the plans; and for purposes connected with the matters aforesaid. WHEREAS, it is expedient to make provision for planning the development and use of land in Regions established for that purpose and for the constitution of Regional Planning Boards thereof; to make better provision for the preparation of Development plans with a view to ensuring that town planning schemes are made in a proper manner and their executions is made effective; to provide for the creation of new towns by means of Development Authorities; to make provision for the compulsory acquisition of land required for public purposes in respect of the plans; and for purposes connected with the matters aforesaid ; It is hereby enacted in the Seventeenth Year of the Republic of India as follows :— CHAPTER I. PRELIMINARY. 1. (1) This Act may be called the Maharashtra Regional and Town Planning Act, 1966. Short title, extent and (2) It shall extend to the whole of the State of Maharashtra. commence- ment. (3) It shall come into force on such date1 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. 2. In this Act, unless the context otherwise requires,— (1) “agriculture” includes horticulture, poultry farming, the raising of crops, fruits, Definitions. 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 11th day of January 1967 (vide G.N, U.D., P.H. and H.D., No. TPA. 1166/72383-Uni-II, dated 11th January 1967). + This indicates the date of commencement of Act. @ This Act came into force vide G.N. U.D.D. No. TPB-4312/CR-16/2013/UD-11, dated the 24th December 2014. @@ Maharashtra Ordinance No. XV of 2014 was repealed by Mah. XXXVIII of 2014, S.6. @@@ This Act came into force vide G.N. U.D.D. No. TPS-1814/CR-349/UD-13, dated the 22nd April 2015.  Maharashtra Ordinance No. VI of 2015 was repealed by Mah. XXXII of 2015, s.3. H 4023—2a 4 Maharashtra Regional and Town [1966 : Mah. XXXVII Planning Act, 1966 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 an unauthorized structure, in respect of which the compounding charges as levied by the Collector under the provisions of sub-section (2B) of section 18 are paid by the owner or occupier of such structure and which, upon such payment, has been declared as such by the Collector ;] (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]; 1 Clause (2) was substituted for the origninal and shall be deemed to have been substituted on the 25th March 1991, by Mah. 10 of 1994, s. 2(a). 2 Clause (5A) was inserted by Mah. 43 of 2014, s.5 (a) w.e.f. 22-4-2015. 3 Clause (6A) was inserted by Mah. 2 of 2012, s. 29, w.e.f. 22-3-2012. 4 Theses words were inserted by Mah. 39 of 1994, s. 2(a). 5 These words were substituted for the words “ and includes lay-out and sub-division of any land” by Mah. 21 of 1971, s. 2(1). 6 These words were inserted by Mah. 10 of 1994, s. 2(b). 7 This word was inserted by Mah. 31 of 1983, s. 2. 1966 : Mah. XXXVII] Maharashtra Regional and Town 5 Planning Act, 1966 (8) “ Development Authority ” means a New Town Development Authority 1 [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 2[3[and includes revision of a development plan and] proposals of a special planning Authority for development of land within its jurisdictions]; 4 [(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; 5 [(13A) “ Floor Space Index ” means the quotient or the ratio of the combined gross floor area to the total area of the plot, viz :— Total covered area of all floors Floor Space Index 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;] 6 [(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; 1 These words were substituted for the word “ constituted ” by Mah. 21 of 1971, s. 2(2). 2 These words were inserted by Mah. 30 of 1972, s. 2(1). 3 These words were substituted for the words “ and includes ” by Mah. 6 of 1976, s.2. 4 Clause (9A) was inserted and shall be deemed to have been inserted on the 25th March 1991 by Mah. 10 of 1994, s. 2(c). 5 Clauses (13A), (13B) and (13C) were inserted by Mah. 39 of 1994, s. 2(b). 6 Clause (13D) was inserted by Mah. 43 of 2014, s.5 (b) w.e.f. 22-4-2015. 1966 : Mah. XXXVII] Maharashtra Regional and Town 7 Planning Act, 1966 (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 1 [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; 2 * * * (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; 3 [(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 2 of constituted under the Cantonment Act, 1924) which is in the opinion of the State 1924. 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 ;] Mah. V (32) “Zilla Parishad” means a Zilla Parishad constituted under the Maharashtra Zilla of 1962. Parishads and Panchayat Samitis Act, 1961. 1 These words were substituted for the word “zoning” by Mah. 22 of 2005, s. 2(a). 2 Clause (30A) was deleted by Mah. 43 of 2014, w.e.f. 22-4-2015. 3 Clause (31A) was inserted by Mah. 30 of 1972, s. 2(2).  8 Maharashtra Regional and Town [1966 : Mah. XXXVII Planning Act, 1966 CHAPTER II. PROVISIONS RELATING TO REGIONAL PLANS. (a) Regions. Establishment 3. (1) Subject to the provisions of this section, the State Government may, by of Region and notification in the Official Gazette, establish any area in the State, by defining its limits, alteration of 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. (b) Constitution of Regional Planning Boards. Constitution of 4. (1) For the purpose of planning the development and use of land in the Region, Regional Planning the State Government shall, by notification in the Official Gazette, constitute a Regional Boards. 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. 1 These words were substituted for the words “not exceeding six” by Mah. 24 of 1968, s. 2(a). 2 This portion was substituted for the words “and a Town Planning Officer appointed by the State Government”, by Mah. 24 of 1968., s. 2(b). 1966 : Mah. XXXVII] Maharashtra Regional and Town 9 Planning Act, 1966 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. 1 [(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.] (2) The Regional Board shall have its office at such place as the State Government Mah. V of 2000. may appoint, and shall be known by the name specified in the notification constituting it. 5. (1) 2[Subject to the provisions of sub-section (3), the term of office] and conditions Terms of office and of service of the members of a Regional Board shall be such as may be prescribed; and conditions of the members shall be entitled to receive such remuneration or allowances, or both, as service of members. 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. 3 [(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.] 6. Any member of a Regional Board may at any time resign his office by writing under Resignation of members. his hand addressed to the State Government, and upon the acceptance thereof, the office of the member shall become vacant. 7. In the event of a vacancy in the office of any member of a Regional Board, the vacancy Vacancies. 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. 1 Sub-section (1A) was inserted by Mah. 5 of 2000, Sch. 2 These words, brackets and figure were substituted for the words “The term of office” by Mah. 14 of 1971, s.2(a). 3 Sub-section (3) was added by Mah. 14 of 1971, S.2(b). H 4023—3 10 Maharashtra Regional and Town [1966 : Mah. XXXVII Planning Act, 1966 Powers and 8. Subject to the provisions of this Act and the rules and regulations made thereunder, duties of it shall be the duty of a Regional Board— 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. Meeting of 9. (1) The Regional Board shall meet at such times and places as the Chairman may Regional Board, etc. 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. Consultation 10. (1) A Regional Board may, with the previous sanction of the State Government, or association associate with itself or consult such persons whose assistance or advise it may desire for with experts; Regional the purpose of performing any of its functions under this Act. Such persons may be paid Planning Committee. 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. 1966 : Mah. XXXVII] Maharashtra Regional and Town 11 Planning Act, 1966 (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. 11. (1) For the efficient performance of its functions under this Act, a Regional Board, Power of Regional or an officer authorised by it, may appoint such officer and other staff as may be necessary. Board to The officers and staff so appointed shall be entitled to receive such salaries or allowances, appoint staff. 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. 12. All expenses incurred by a Regional Board, including expenses incurred on account Expenses of Regional of salaries, allowances, fees and other remuneration payable to its members and to its Board. 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. (c) Regional plans. 13. Subject to the provisions of this Act and the rules and regulations made thereunder, Survey of a Regional Board shall, with a view to securing planned development and use of land in Region and preparation of a Region, carry out a survey thereof, prepare an existing-land-use map thereof, and other Regional plan. 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. 14. Subject to the provisions of this Act and any rules made thereunder for regulating Contents of Regional plan. 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 ; H 4023—3a 6 Maharashtra Regional and Town [1966 : Mah. XXXVII Planning Act, 1966 (15) “ local authority ” means— (a) the Bombay Municipal Corporation constituted under the Bombay Municipal Bom. III of 1888. Corporation Act or the Nagpur Municipal Corporation constituted under the *City of C.P. and Nagpur Corporation Act, 1948, or any Municipal corporation constituted under the Berar II of 1950. **Bombay Provincial Municipal Corporations Act, 1949, Bom. LIX of 1949. 1 [(b) a Council and a Nagar Panchayat constituted under the Maharashtra Municipal Mah. XL of 1965. Councils, Nagar Panchayats and Industrial Townships Act, 1965, ] (c) (i) a Zilla Parishad constituted under the Maharashtra Zilla Parishads and Mah. V Panchayat Samitis Act, 1961, of 1962. [(ii) the Authority constituted under the Maharashtra Housing and Area Mah. 2 Development Act, 1976], XXVIII of 1977. (iii) the Nagpur Improvement Trust constituted under the Nagpur Improvement C.P. and Trust Act, 1936,] 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 his land, 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; 3 [(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 Mah. XXVIII Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, of 1971. the Slum Rehabilitation Authority appointed under section 3A of the said Act;] 1 Sub-clause (b) was substituted by Mah. 10 of 2000, s. 2. 2 Sub-paragraph (ii) was substituted by Mah. 28 of 1977, s. 191 (a). 3 Clause (19) was substituted for the original by Mah. 5 of 1996, s. 4. * Repealed by Mah. 23 of 2012, s. 7. ** Name of the “Bombay provincial Municipal Corporation Act, 1949 ” is substituted as “Maharashtra Municipal Corporation Act,” by Mah. 23 of 2012, s. 4. 12 Maharashtra Regional and Town [1966 : Mah. XXXVII Planning Act, 1966 (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.] 1 Clause (l) was added by Mah. 43 of 2014, s.6, w.e.f. 22-4-2015. 1966 : Mah. XXXVII] Maharashtra Regional and Town 13 Planning Act, 1966 Submission of 15. (1) Every Regional plan shall be submitted to the State Government together Regional plan with all connected documents, maps and plans for approval. The State Government may, to State Government within the prescribed period, by notification in the Official Gazette, either approve the for approval. 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. 16. (1) Before preparing any Regional plan and submitting it to the State Government Procedure to be followed in for approval, every Regional Board shall, after carrying out the necessary surveys and preparing and approving preparing an existing-land-use map of the Region, or such other maps as are considered Regional plans. 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. 1 This portion was substituted for the portion beginning with “ and publish it ” and ending with “ by rules made in this behalf inviting ” by Mah. 6 of 1976, s. 3(1)(a). 2 These words were substituted for the words “ The publication of a draft Regional plan may in particular include—” by Mah. 6 of 1976, s. 3(1)(b). 14 Maharashtra Regional and Town [1966 : Mah. XXXVII Planning Act, 1966 (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. Publication 17. Immediately after a Regional plan is approved by the State Government, the State of Regional Government shall publish, in such manner as may be prescribed by rules as is calculated plan and date of its to bring to the notice of all persons concerned; and in particular, to all persons affected operation. 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”. Restriction 18. 2 [(1) No person shall, on or after the publication of the notice that the draft on change of user of Regional plan has been prepared or the draft Regional plan has been approved, institute land or or change the use of any land for any purpose other than agriculture or carry out any develop- development in respect of any land without the previous permission,– ment thereof. (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, of the village panchayat Mah. XLI of concerned, or 1966. (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. 1 These words were inserted by Mah. 6 of 1976, s. 4. 2 Sub-section (1) was substituted by Mah. 43 of 2014, s. 7 (a), w.e.f. 22-4-2015. 1966 : Mah. XXXVII] Maharashtra Regional and Town 15 Planning Act, 1966 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 Mah. meaning of clause (10) of section 2 of the Maharashtra Land Revenue Code, 1966.] XLI of 1966. 1 [(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.] 2 [(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 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.] 3 [(3) Without prejudice to the provisions of sub-sections (1) and (2) 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 4[an Integrated Township Project] by notification in the Official Gazette or reject the application.] 1 Sub-section (2) was substituted by Mah. 43 of 2014, s.7 (b), w.e.f. 22-4-2015. 2 Sub-sections (2A) and (2B) were inserted by Mah. 43 of 2014, s.7 (c), w.e.f. 22-4-2015. 3 This sub-section was added by Mah. 22 of 2005, s. 3. 4 These words were substituted for the words “ a Special Township Project ”, by Mah. 43 of 2014, s.7 (d), w.e.f. 22-4-2015. 16 Maharashtra Regional and Town [1966 : Mah. XXXVII Planning Act, 1966 Exclusion of 19. No compensation shall be awarded— claims for compensation (a) if and in so far as any property or any right or interest therein alleged to be for injurious affection. 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 predecess or in interest of the claimant. [Revision or 4 20. (1) If the State Government at any time after a Regional plan has come into modification] of Regional operation, but not earlier than ten years therefrom is of the opinion that revision of such plan. 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 1 of the Regional plan as those provisions apply in relation to the preparation, [publication of notice] and approval of a Regional plan. 2 [(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 3[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. 1 These words were substituted for the word “publication” by Mah. 6 of 1976, s. 6(a). 2 Sub-sections (2), (3) and (4) were substituted for sub-sections ( 2) and (3), ibid., s. 6 (b). 3 This word was substituted for the words “balanced development” by Mah. 43 of 2014, s.8 (a), w.e.f. 22-4-2015. 4 These words were substituted for the word “Revision”, by Mah. 6 of 1976, s. 6 (c). 1966 : Mah. XXXVII] Maharashtra Regional and Town 17 Planning Act, 1966 (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 1 plan with such amendments, if any, as it may think fit, [or decide not to accord approval] and shall publish a notification in the Official Gazette, stating that the modification of 2 the Regional plan specified therein [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 3 [(a) Declaration of intention, preparation, submission and sanction to Development plan.] 21. (1) As soon as may be after the commencement of this Act, but not later than Development plan. 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 4* 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 5[, 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, 6 7 [ [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 8[submit the draft Development plan] to the State Government for sanction. 9 [(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.] 1 These words were inserted by Mah. 43 of 2014, S. 8 (b)(i). 2 These portion was substituted for the portion begining with the words “has been approved” and ending with the words “the notice” by Mah. 43 of 2014, s.8 (b)(ii). 3 This sub-heading was substituted for the sub-heading “ (a) Preparation, submission and sanction to Development plan.”, by Mah. 5 of 2014, s.2, w.e.f. 4-10-2013. 4 The words “and publish” were deleted by Mah. 6 of 1976, s. 7(a)(i). 5 These words were inserted, by Mah. 6 of 1976, s.7(a)(ii). 6 These words were substituted for the words “prepare a draft Development plan and publish a notice of such preparation of the Official Gazette”, by Mah. 5 of 2014, s.3(a), w.e.f. 4-10-2013. 7 These words were substituted for the words “and publish in the prescribed manner a draft Development plan,”, by Mah. 6 of 1976, s. 7(b)(i). 8 These words were substituted for words “submit it”, by Mah. 6 of 1976, s.7(b)(ii). 9 Sub-section (3) was substituted by Mah. 10 of 2011, s.2(1), H 4023—4