1.MRTP ACT 1966 ENGLISH AMENDED UP TO 26NOV 2015.pdf

GOVERNMENT OF MAHARASHTRA LAW AND JUDICIARY DEPARTMENT Maharashtra Act No. XXXVII of 1966 The Maharashtra Regional and Town Planning Act, 1966 (As modified upto 26th November 2015)...

GOVERNMENT OF MAHARASHTRA LAW AND JUDICIARY DEPARTMENT Maharashtra Act No. XXXVII of 1966 The Maharashtra Regional and Town Planning Act, 1966 (As modified upto 26th November 2015)  PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400 004. [Price : Rs. 80-00] 1966 : Mah. XXXVII] Maharashtra Regional and Town (i) Planning Act, 1966 THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 CONTENTS PREAMBLE. SECTIONS. CHAPTER I. PRELIMINARY. 1. Short title, extent and commencement. 2. Definitions. CHAPTER II. PROVISIONS RELATING TO REGIONAL PLANS. (a) Regions. 3. Establishment of Region and alteration of its limits. (b) Constitution of Regional Planning Boards. 4. Constitution of Regional Planning Boards. 5. Terms of office and conditions of service of members. 6. Resignation of members. 7. Vacancies. 8. Powers and duties of Board. 9. Meetings of Regional Board, etc. 10. Consultation or association with experts; Regional Planning Committee. 11. Power of Regional Board to appoint staff. 12. Expenses of Regional Board. (c) Regional Plans. 13. Survey of Region and preparation of Regional plan. 14. Contents of Regional plan. 15. Submission of Regional plan to State Government for approval. 16. Procedure to be followed in preparing and approving Regional plans. 17. Publication of Regional plan and date of its operation. 18. Restriction on change of user of land or development thereof. 19. Exclusion of claims for compensation for injurious affection. 20. Revision or modification of Regional plan. H 4023—1 (ii) Maharashtra Regional and Town [1966 : Mah. XXXVII Planning Act, 1966 SECTIONS CHAPTER III. DEVELOPMENT PLAN. (a) Declaration of intention, preparation, submission and sanction to Development plan. 21. Development plan. 22. Contents of Development plan. 22A. Modification of a substantial nature. (b) Procedure to be followed in preparing and sanctioning Development plans. 23. Declaration of intention to prepare Development plan. 24. Town Planning Officer. 25. Provision for survey and preparation of existing-land- use map. 26. Preparation and publication of notice of draft Develop-ment plan. 27. Provision of Regional plan to be considered. 28. Objections to draft Development plan. 29. [Deleted]. 30. Submission of draft Development plan. 31. Sanction to draft Development plan. (c) Provisions for preparation of interim Development plans, plans for areas of Comprehensive development, etc. 32. Interim Development plan. 33. Plans for areas of Comprehensive development. 34. Preparation of Development plan for additional area. 35. Development plans sanctioned by State Government before commencement of this Act. 36. Development plan prepared prior to this Act. 37. Minor modification of final Development plan. 37A. Power of State Government or Planning Authority to permit temporary change of user. 38. Revision of Development plan. 39. Variation of town planning scheme by the Development plan. 40. Special Planning Authority for developing certain notified areas. 41. Expenses of Special Planning Authority to be met by contribution by local authorities. 42. Implementation of plans. 1966 : Mah. XXXVII] Maharashtra Regional and Town (iii) Planning Act, 1966 SECTIONS CHAPTER III-A. AREA DEVELOPMENT AUTHORITY. 42A. Declaration of development area. 42B. Exclusion of whole or part of development area from operation of Act. 42C. Constitution of Area Development Authority. 42D. Appointment of Government Company, etc., as Area Development Authority. 42E. Control by Metropolitan Planning Committee and District Planning Committee. 42F. Powers and functions of Area Development Authority. 42G. Expenses of Area Development Authority. CHAPTER IV. CONTROL OF DEVELOPMENT AND USE OF LAND INCLUDED IN DEVELOPMENT PLANS. 43. Restrictions on development of land. 44. Application for permission for development. 45. Grant or refusal of permission. 46. Provisions of Development plan to be considered before granting permission. 47. Appeal. 48. Lapse of permission. 49. Obligation to acquire land on refusal of permission or on grant of permission in certain cases. 50. Deletion of reservation of designated land for interim draft of final Development plan. 51. Power of revocation and modification of permission to development. UNAUTHORISED DEVELOPMENT. 52. Penalty for unauthorised development or for use otherwise than in conformity with Development plan. 53. Power to require removal of unauthorised development. 54. Power to stop unauthorised development. 55. Removal or discontinuance of unauthorised temporary development summarily. 56. Power to require removal of unauthorised development or use. 56A. Punishment for failure to take action against unauthorised construction. 57. Recovery of expenses incurred. 58. Development undertaken on behalf of Government. H 4023—1a (iv) Maharashtra Regional and Town [1966 : Mah. XXXVII Planning Act, 1966 SECTIONS CHAPTER V. TOWN PLANNING SCHEMES. (a) Making of town planning schemes. 59. Preparation and contents of town planning scheme. 60. Power of Planning Authority to resolve on declaration of intention to make scheme. 61. Making and publication of draft scheme by means of notice. 62. Inclusion of additional area in draft scheme. 63. Power of State Government to require Planning Authority to make scheme. 64. Contents of draft scheme. 65. Reconstituted plot. 66. Compensation for discontinuance of use. 67. Objections to draft scheme to be considered. 68. Power of State Government to sanction draft scheme. 68A. Effect of sanction of draft scheme. 69. Restrictions on use and development of land after declaration for town planning scheme. 70. Power of State Government to suspend rule, bye-law, etc. 71. Disputed ownership. (b) The Arbitrator and the Tribunal of Appeal. 72. Arbitrator; his powers and duties. 73. Certain decisions of Arbitrator to be final. 74. Appeal. 75. Constitution of Tribunal of Appeal. 76. Arbitrator to assist Tribunal in advisory capacity and his remuneration. 77. Place where Tribunal may sit. 78. Desicion of questions of law and other questions. 79. Powers of Tribunal to decide matter finally. 80. Tribunal not to be Court. 81. Remuneration of Arbitrator and Assesors and payment of incidental expenses of Tribunal. 82. Dicisions of Arbitrator to be final in certain matters. 83. Possession of land in advance of town planning scheme. 84. Commissioner of Police or Magistrate to enforce delivery of possession of land. 1966 : Mah. XXXVII] Maharashtra Regional and Town (v) Planning Act, 1966 SECTIONS 85. Owner of land of which possession is taken entitled to interest. 86. Sanction by State Government to preliminary or final scheme. 87. Withdrawal for scheme. 88. Effect of preliminary scheme. (c) Enforcement of Schemes. 89. Power of Planning Authority to evict summarily. 90. Power to enforce scheme. (d) Variation of Schemes. 91. Power to vary scheme on ground of error, irregularity or informality. 92. Power to vary town planning scheme. 93. Apportionment of cost of scheme withdrawn or not sanctioned. (e) Proceedings before Arbitrator and Tribunal. 94. Right to appear by recognised agent. 95. Power to compel attendance of witnesses. (f) Joint development plans and joint town planning schemes. 96. Joint development plans and joint town planning schemes. (g) Finance of Schemes. 97. Cost of scheme. 98. Calculation of increment. 99. Contribution towards cost of scheme. 100. Certain amount to be added to or deducted from contribution leviable from persons. 101. Transfer of right from original to reconstituted plot or extinction of such right. (h) Compensation. 102. Compensation in respect of property or right injuriously affected by scheme. 103. Exclusion or limitation of compensation in certain cases. 104. Provision for cases in which amount payable to owner exceeds amount due from him. (vi) Maharashtra Regional and Town [1966 : Mah. XXXVII Planning Act, 1966 SECTIONS 105. Provision for case in which value of developed plot is less than amount payable by owner. 106. Payment by adjustment of account. 107. Payment of net amount due to Planning Authority. (i) Miscellaneous. 108. Power of Planning Authority to make agreement. 109. Recovery of arrears. 110. Disposal of surplus amount. 111. Execution of works in final scheme by Planning Authority. 112. Penalty for removal of boundary stones. CHAPTER VI. NEW TOWNS. 113. Designation of site for new town. 113A. Power of State Government to acquire land for Corpora-tion or Company declared to be New Town Develop-ment Authority. 114. Objects of Development Authority. 115. Planning and control of development in new towns. 116. Acquisition of land by Development Authority constituted under section 113(2). 117. Obligation to purchase designated land. 118. Disposal of land by Development Authority. 119. Directions by State Government for disposal of land. 120. Power to make agreement for provision of services. 121. Contributions by Development Authority towards expenditure of local authorities and statutory authority. 122. Advances and payments by State Government to Development Authorities. 122A. Power of Development Authority to borrow and to accept deposits. 123. Transfer of undertaking of Development Authority. 124. Combination and transfer of Development Authorities. CHAPTER VI-A. LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT CHARGE. 124A. Levy of development charge. 124B. Classification of use of lands and buildings, rates of development charge and procedure for levy thereof. 1966 : Mah. XXXVII] Maharashtra Regional and Town (vii) Planning Act, 1966 SECTIONS 124C. Development charge to be brought into force as specified by Government. 124D. Local publication of notification relating to development charge with notice. 124E. Assessment and recovery of development charge. 124F. Exemptions. 124G. Appeal. 124H. Procedure for filing appeal. 124I. Interest on amount of enhanced assessment or of refund. 124J. Development Fund. 124K. Stoppage of work of development and penalty. 124K-1. Provisions of sections 124A to 124K also to apply in certain cases. 124L. Chapter to have overriding effect, but shall be in addition to existing local authority laws. CHAPTER VII. LAND ACQUISITION. 125. Compulsory acquisition of land needed for purposes of Regional plan, Development plan or Town planning schemes, etc. 126. Acquisition of land required for public purposes specified in plans. 127. Lapsing of reservations. 128. Power of State Government to acquire lands for purpose other than the one for which it is designated in plan or scheme. 129. Possession of land in case of urgency. CHAPTER VIII. FINANCE, ACCOUNT AND AUDIT. 130. Funds. 131. Budget. 132. Accounts and Audit of Regional Board. 132A. Accounts and Audit of Special Planning Authority and Development Authority. 133. Submission of report. 134. Pension and provident funds. CHAPTER IX. SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS. 135. Power of entry. 136. Service of notice, etc. 137. Public notice how to be made known. 138. Notices, etc., to fix reasonable time. (viii) Maharashtra Regional and Town [1966 : Mah. XXXVII Planning Act, 1966 SECTIONS 139. Authentication of orders and documents. 140. Offences by companies. 141. Penalty for obstructing contractor or removing mark. 142. Sanction of prosecution. 143. Compounding of offences. 144. Jurisdiction of courts. 145. Magistrate’s power to impose enhanced penalties. 146. Members and officers to be public servants. 147. Protection of action taken in good faith. 148. Registration of documents, plan or map in connection with final plan or scheme not required. 148A. Exclusion of time in certain cases. 149. Finality of orders. 150. Validation of acts and proceedings. 151. Power to delegate. 152. Powers of Planning Authority or Development Authority to be exercised by certain officers. 153. Power of Planning Authority to borrow money for Development Plan or for making or executing town planning scheme. 154. Control by State Government. 155. Returns and information. 156. Effect of laws. 157. Power to make agreements. 157A. Authentication of plans and scheme and custody thereof. 158. Power to make rules. 159. Power to make regulations. 159A. Special provisions relating to New Town Development Authority and Special Planning Authority. 160. Dissolution of Regional Planning Board, Special Planning Authority and New Town Development Authority. 161. Vesting of property and rights of local authority ceasing to exist or ceasing to have jurisdiction. 162. State Government or persons appointed by it may exercise power or perform duty conferred or imposed on Planning Authority and disbursement of expenses. 163. S p e c i a l p r o v i s i o n i n c a s e o f d i s s o l u t i o n , e t c. , o f C o r p o r a t i o n o r Zilla Parishad, etc. 164. (Provisions of Bom. LXVII of 1948, Hyd. Act XXI of 1951 and Bom. XCIX of 1958 not to apply to town planning schemes.) Deleted. 165. Repeal and saving. FIRST SCHEDULE. SECOND SCHEDULE. 1966 : Mah. XXXVII] Maharashtra Regional and Town 1 Planning Act, 1966 MAHARASHTRA ACT No. XXXVII OF 19661 [THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966.] [Received the assent of the President on the 13th day of December 1966; assent first published in the Maharashtra Government Gazette, Part IV, on the 20th day of December 1966.] Amended by Mah. 24 of 1968. Amended by Mah. 14 of 1971. Amended by Mah. 21 of 1971* Amended by Mah. 30 of 1972. Amended by Mah. 11 of 1973. Amended by Mah. 22 of 1973. Amended by Mah. 42 of 1973 (1-1-1974)†. Amended by Mah. 47 of 1974 ‡ (10-6-1974)†. Amended by Mah. 4 of 1975 (26-l-1975)†. Amended by Mah. 6 of 1976 (27-4-1976)†. Amended by Mah. 10 of 1977 (ll-3-1977)†. Amended by Mah. 28 of 1977 (5-12-1977)†. Amended by Mah. 29 of 1978. Amended by Mah. 31 of 1983 § (6-6-1983)†. Amended by Mah. 16 of 1992 (10-8-1992)†. Amended by Mah. 10 of 1994 £ (14-10-1993)†. Amended by Mah. 39 of 1994 (17-8-1994)†. Amended by Mah. 5 of 1996 @ (23-11-1995)†. Amended by Mah. 21 of 1997 @ @ (10-9-1996)†. Amended by Mah. 48 of 1997  (6-8-1997)†. Amended by Mah. 5 of 2000 £ £ (29-6-1999)†. Amended by Mah. 10 of 2000 @ @ @ (11-10-1999)†. Amended by Mah. 7 of 2002 $$ (9-10-2000)†. Amended by Mah. 24 of 2002 (1-6-2002). Amended by Mah. 6 of 2004 (20-6-2005)**. Amended by Mah. 22 of 2005 (20-6-2005)***. 1 For Statement of Objects and Reasons, see Maharashtra Government Gazette, Extraordinary, 1966, Part V, pages 205-207. * Maharashtra Ordinance No. I of 1971 was repealed by Mah. 21 of 1971, s. 18. † This indicates the date of commencement of Act. ‡ Maharashtra Ordinance No. X of 1974 was repealed by Mah. 47 of 1974, s. 4. § Maharashtra Ordinance No. XIII of 1983 was repealed by Mah. 31 of 1983, s. 8. £ Maharashtra Ordinance No. XIV of 1993 was repealed by Mah. 10 of 1994, s. 16. @ Maharashtra Ordinance No. XVIII of 1995 was repealed by Mah. 5 of 1996, s. 7. @@ Maharashtra Ordinance No. II of 1997 was repealed by Mah. 21 of 1997, s.3. # Maharashtra Ordinance No. XIV of 1997 was repealed by Mah. 48 of 1997, s. 3. ££ Maharashtra Ordinance No. XXVI of 1999 was repealed by Mah. 5 of 2000, s. 15. @@@ Maharashtra Ordinance No. XXXII was repealed by Mah. 10 of 2000, s. 3. $$ Maharashtra Ordinance No. I of 2000 was repealed by Mah. 7 of 2001, s. 3.  This Act came into force vide G.N., U.D.D., No. TPS/HISC - 1002/180//CR-5/2002/UD-13, dated 24th May 2002. * * This Act came into force vide G. N., U.D.D., No. TPB. 4302/2080/CR-215/02/ UD-11, dated the 20th June 2005. *** This Act came into force vide G.N., U.D.D., No. TPB. 4302/2080/CR-215/02/ UD-11, dated the 20th June 2005. H 4023—2 2 Maharashtra Regional and Town [1966 : Mah. XXXVII Planning Act, 1966 Amended by Mah. 16 of 2007 (13-7-2007)****. Amended by Mah. 16 of 2009 (29-9-2009)*****. Amended by Mah. 25 of 2009 ## (25-8-2009)+. Amended by Mah. 29 of 2010 ###§§ (21-9-2010)+. Amended by Mah. 34 of 2010 ****** (1-3-2011)+. Amended by Mah. 10 of 2011 ‡ ‡ (5-4-2010)+. Amended by Mah. 2 of 2012 (22-3-2012)$. Amended by Mah. 5 of 2014 $$*(4-10-2013)+. **** This Act came into force vide G.N., U.D.D. No. TPS. 1206/2986/CR-318/06/UD-12, dated the 13th July 2007. + This indicates the date of commencement of Act. ***** This Act came into force vide G.N., U.D.D., No. TPS. 1809/UOR-96/CR-1835/ 09/UD-13, dated the 29th September 2009. # #Maharashtra Ordinance No. XVII of 2009 was repealed by Mah. 25 of 2009, s.3. # # # Maharashtra Ordinance No. XIII of 2010 was repealed by Mah. 29 of 2010, s.4. § § Section 3 of Mah. 29 of 2010 reads as under :— Validation. “3. Notwithstanding anything contained in the principal Act, or in any rules or regulations made thereunder or in the Development plan or in any judgement, decree or order of any court, tribunal or other authority, any levy and collection of fees, charges and premium by the State Government or the Planning Authority for grant of an additional Floor Space Index or for the special permissions or for the use of discretionary powers under the provisions of the principal Act, or any rules or regulations made thereunder, prior to the date of commencement of the Maharashtra Regional and Town Planning (Amendment and Validation) Act, 2010, shall be deemed to be validly Mah. levied and collected and shall be deemed always to have been validly levied and collected, under the XXIX of 2010. regulations made under section 22 of the principal Act, as amended by the said Act, and accordingly no suit, prosecution or other legal proceedings shall lie in any court or before any tribunal or other authority on the ground that, the provisions of the principal Act or the Development plan prepared thereunder, prior to such commencement, did not provide for making of the regulations regarding levy and collection of such fees, charges and premium by the State Government or the Planning Authority. No suit, prosecution or other legal proceedings shall lie or be maintained or continued in any court, or before any tribunal or other authority, for the refund of any such fees, charges and premium, so levied and collected.”. ****** This Act came into force vide G.N., U.D.D., No. TPS. 1810/85/CR-2118/2010/ UD-13, dated the 1st March 2011. ‡‡ Section 13 of Mah. 10 of 2011 reads as under :— Power to “13. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government remove may, by order published in the Official Gazette, give such direction, not inconsistent with the difficulties. provisions of this Act, as may appear to it to be necessary or expedient for the purpose of removing the difficulty : Provided that, no such order shall be made after the expiry of the period of two years from the date of commencement of this Act. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.”. $ This Act came into force vide G.N. U.D.D. No. MMC. 2009/72/C.R.48/2009/UD-32, dated the 22nd March 2012. $$ Maharashtra Ordinance No. XV of 2013 and VI of 2014 was repealed by Mah. V of 2014, S. 11. * Section 12 of Mah. V of 2014, reads as under:– Power to “ 12. (1) If Any difficulty arises in giving effect to the provisions of principal Act, as amended by this remove Act, the State Government may, by order published in the Official Gazette, give such directions, not difficulties. inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the purpose of removing the difficulty : Provided that, no such order shall be made after the expiry of a period of two years from the date Mah. V of of commencement of the Maharashtra Regional and Town Planning (Amendment and Continuance) 2014. Act, 2014. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.”. 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. 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. 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 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 18 Maharashtra Regional and Town [1966 : Mah. XXXVII Planning Act, 1966 (4) 1[if the declaration of intention be prepare Development plan under section 23 is not made or if the draft Development plan is not submitted] to the State Government as aforesaid for sanction by any Planning Authority within the period specified or within 2 the extended period, [the concerned Divisional Joint Director or Deputy Director of Town Planning and Valuation Department or an officer not below the rank of an Assistant Director of Town Planning nominated by him, as the case may be, may after declaring the intention, carry out necessary survey of the area and prepare an existing-land-use map in consultation with the Director of Town Planning and] 3[prepare such Development plan and publish a notice in the Official Gazette and in such other manner as may be prescribed stating that such plan has been prepared and submit it to the State Government for sanction,] and may recover the cost thereof from the funds of that Planning Authority, notwithstanding anything contained in any law relating to the said fund. Such officer shall exercise all the powers and perform all the functions of a Planning Authority which may be necessary for the purposes of preparing 4[a Development plan and publishing a notice as aforesaid and submitting it to the State Government for sanction]. 5 [(4A) If at any stage of preparation of the draft Development plan, the time fixed under sections 6*, 25, 26, 6* and 30 for doing anything specified in the said sections lapses, the Planning Authority shall be deemed to have failed to perform its duty imposed upon it by or under the provisions of this Act and any work remaining to be done upto the stage of submission of the draft Development plan under section 30 shall be completed by 7[the concerned Divisional Joint Director or Deputy Director of Town Planning and Valuation Department or an officer nominated by him no below the rank of an Assistant Director of Town Planning, as the case may be.] The said officer shall exercise all the powers and perform all the duties of a Planning Authority which may be necessary for the purpose of preparing a Development plan and submitting it to the State Government for sanction and may, notwithstanding anything contained in any other law relating to the funds of the Planning Authority, recover the cost thereof from such funds:] 8 [Provided that, the said Officer shall exercise all the power and perform all the duties of the Planning Authority within such period as may be specified by an order by the Director of Town Planning, having regard to the stage of preparation of Development plan : 1 These words and figures were substituted for the words “If the draft Development plan is not submitted”, by Mah. 5 of 2014, s.3 (b) (l), w.e.f. 4-10-2013. 2 These words were substituted for the words “the concern Divisional Deputy Director of Town Planning or an officer nominated by him who is not below the rank of Assistant Director of Town Planning may, after carrying out the necessary survey of the area and prepairing and existing-land-use map in consultation with the Director of Town Planning”, by Mah. 5 of 2014, s.3(b)(2), w.e.f. 4-10-2013. 3 These words were substituted for the words “ prepare and publish in the prescribed manner, such Development plan” by Mah. 6 of 1976, s.7(c)(i). 4 These words were substituted for the words “and publishing a Development Plan”, by Mah. 6 of 1976, s. 7(c)(ii). 5 Sub-section (4A) was inserted by Mah. 10 of 2011, s.2(3). 6 The figures “23,” and “,28” were deleted by Mah. 5 of 2014, s.3(c)(1), w.e.f. 4-10-2013. 7 These words were subsititued for the words “the concern Divisional Deputy Director of Town Planning or an officer nominated by him who is not below the rank of Assistant Director of Town Planning”, by Mah. 5 of 2014, s.3(c)(2), w.e.f. 4-10-2013. 8 These provisos were added ibid., s.3(c)(3), w.e.f. 4-10-2013. 1966 : Mah. XXXVII] Maharashtra Regional and Town 19 Planning Act, 1966 Provided futher that, the said period specified under the first proviso shall not exceed the original period stipulated under the relevant section.] (5) If any local authority which is a Planning Authority is converted into, or amalgamated with, any other local authority or is sub-divided into two or more local authorities, the Development plan prepared for the area by that Planning Authority so converted, amalgamated or sub-divided shall, with such alterations and modifications, as the State Government may approve be the Development plan for the area of the new Planning Authority or Authorities into or with which the former Planning Authority is converted, amalgamated or sub-divided. 22. A Development plan shall generally indicate the manner in which the use of land Contents of Development in the area of a Planning Authority shall be regulated, and also indicate the manner in plan. which the development of land therein shall be carried out. In particular, it shall provide so far as may be necessary for all or any of the following matters, that is to say,— (a) proposals for allocating the use of land for purposes, such as residential, industrial, commercial, agricultural, recreational ; (b) proposals for designation of land for public purpose, such as schools, colleges and other educational institutions, medical and public health institutions, markets, social welfare and cultural institutions, theatres and places for public entertainment, or public assembly, museums, art galleries, religious buildings and government and other public buildings as may from time to time be approved by the State Government ; (c) proposals for designation of areas for open spaces, playgrounds, stadia, zoological gardens, green belts, nature reserves, sanctuaries and dairies ; (d) transport and communications, such as roads, high-ways, park-ways, railways, water-ways, canals and air ports, including their extension and development ; (e) water supply, drainage, sewerage, sewage disposal, other public utilities, amenities and services including electricity and gas ; (f) reservation of land for community facilities and services ; (g) proposals for designation of sites for service industries, industrial estates and any other development on an extensive scale ; (h) preservation, conservation and development of areas of natural scenary and landscape ; (i) preservation of features, structures or places of historical, natural, architectural and scientific interest and educational value 1[and of heritage buildings and heritage precincts] ; (j) proposals for flood control and prevention of river pollution ; (k) proposals of the Central Government, a State Government, Planning Authority or public utility undertaking or any other authority established by law for designation of land as subject to acquisition for public purpose or as specified in a Development plan, having regard to the provisions of section 14 or for development or for securing use of the land in the manner provided by or under this Act ; 1 These words were added by Mah. 39 of 1994, s. 3. H 4023—4a 20 Maharashtra Regional and Town [1966 : Mah. XXXVII Planning Act, 1966 (l) the filling up or reclamation of low lying, swampy or unhealthy areas or levelling up of land ; (m) provisions for permission to be granted for controlling and regulating the use and development of land within the jurisdiction of a local authority 1[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 permissions 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 boardings and other matters as may be considered necessary for carrying out the objects of this Act. Modifications 2 [22A. In section 31, the expression “ of a substantial nature” used in relation to the of substantial modifications made by the State Government in the draft Development Plan means,— nature. (a) any modification to a reserved site resulting in reduction of its area by more than fifty percent. or reduction of such amenity in that sector by an area of more than ten per cent. in the aggregate ; (b) insertion of a new road or a new reservation or modification of a reserved site or a proposed road or a proposed road widening resulting in inclusion of any additional land not so affected previously ; (c) change in the proposal of allocating the use of certain lands from one zone to any other zone provided by clause (a) of section 22, which results in increasing the area in that other zone by more than ten per cent. in the same planning unit or sector in a draft Development plan ; (d) alteration in the Floor Space Index beyond ten per cent. of the Floor Space Index prescribed in the Development Control Regulation.] (b) Procedure to be followed in preparing and