Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

Maharashtra Act No. XXXVII
of 1966.

The Maharashtra Regional and
Town Planning Act, 1966

(As    modified    upto  31st  July    2011)



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. 34-00]

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

(i)

THE MAHARASHTRA REGIONAL AND
TOWN PLANNING ACT, 1966

PREAMBLE.
SECTIONS.

CONTENTS

CHAPTER  1.
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.

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SECTIONS

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

CHAPTER  III.
DEVELOPMENT PLAN.
(a) 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.
30. Submission  of  draft  Development  plan.
31. Sanction  to  draft  Development  plan.

[Deleted].

(c) Provisions  for  preparation  of  interim  Development  plans,
plans  for  areas  of  Comprehensive  development,  etc.

Interim  Development  plan.

32.
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
Planning Act, 1966

(iii)

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  or  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.

57. Recovery  of  expenses  incurred.
58. Development  undertaken  on  behalf  of  Government.

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Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

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.

Inclusion  of additional  area  in draft  scheme.

62.
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.

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
Planning Act, 1966

(v)

SECTIONS

85. Owner  of  land  of  which  possession  is  taken  entitled  to

interest.

86. Sanction by State Government to final scheme.

87. Withdrawal  for  scheme.

88. Effect  of  final  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.

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SECTIONS

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

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
Planning Act, 1966

(vii)

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.
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  draft
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.
139. Authentication  of  orders  and  documents.

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Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

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.

149. Finality  of  orders.
150. Validation  of  acts  and  proceedings.
151. Power  to  delegate.
152. Power 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. Special provision in case of dissolution, etc., of Corpora-

tion  or 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
Planning Act, 1966

1

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-I977)†.
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. XII 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. 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.

***

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Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

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)+.
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

***** 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 :—

“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 levied and collected and shall be deemed always
to have been validly  levied and collected, under the 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/

Mah.
XXIX
o f
2010

Validation.

Power  to
remove
difficulties.

2010/UD-13, dated the 1st March 2011.

‡‡ Section 13 of Mah. 10 of 2011 reads as under :—

“13. (1) If any difficulty arises in giving effect to the provisions of this Act, the
State Government may, by order  published in the Official Gazette, give such
direction, not 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 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.”.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

3

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.

(2) It shall extend to the whole of the State of Maharashtra.

(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.

Short title,
extent and
commence-
ment.

2.

In this Act, unless the context otherwise requires,—

Definitions.

(1) “agriculture” includes horticulture, poultry farming, the raising of
crops, fruits, 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 ;

2[(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

purpose 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,

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).

2 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).
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Maharashtra Regional and Town
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[1966 : Mah. XXXVII

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 ;

(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;

(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 1[or any material or structural
3
change in any heritage; building or its precinct] 2[and includes
[demolition
of any existing building, structure or erection or part of such building,
structure of erection; and] 4[reclamation,] redevelopment and lay-out and
sub-division of any land; and “ to develop” shall be construed accordingly];

(8) “ Development Authority ” means a New Town Development

Authority

[constituted or declared under section 113];

5

(9) “  Development  plan “  means  a plan for the  development or
re-development of the area within the jurisdiction of a Planning Authority
6[7 [and includes revision of a development plan and] proposals of a special
planning Authority for development of land within its jurisdictions];

8

[(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;

1 Theses words were inserted by Mah. 39 of 1994, s. 2(a).

2 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).

3 These words were inserted by Mah. 10 of 1994, s. 2(b).

4 This word was inserted by Mah. 31 of 1983, s. 2.

5 These words were substituted for the word “ constituted ” by Mah. 21 of 1971, s. 2(2).

6 These words were inserted by Mah. 30 of 1972, s. 2(1).

7 These words were substituted for the words “ and includes ” by Mah. 6 of 1976,

s.2.

8 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).

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

5

(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;

1[(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;]

(14) “ land ” includes benefits to arise out of land, and things attached
to the earth or permanently fastened to anything attached to the earth;

(15) “ local authority ” means—

(a) the Bombay Municipal Corporation constituted under the
Bombay  Municipal  Corporation  Act  or  the  Nagpur  Municipal
Corporation constituted under the City of Nagpur Corporation Act,
1948, or any Municipal corporation constituted under the Bombay
Provincial Municipal Corporations Act, 1949,

2

[(b)  a  Council  and  a Nagar  Panchayat  constituted  under  the
Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965, ]

(c) (i) a Zilla Parishad constituted under the Maharashtra Zilla

Parishads and Panchayat Samitis  Act, 1961,

3[(ii) the Authority constituted under the Maharashtra Housing and

Area Development Act, 1976],

(iii) the Nagpur Improvement Trust constituted under the Nagpur

Improvement Trust Act, 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;

1 Clauses (13A), (13B) and (13C) were inserted by Mah. 39 of 1994, s. 2(b).
2

Sub-clause (b) was substituted by Mah. 10 of 2000, s. 2.

3

Sub-paragraph (ii) was substituted by Mah. 28 of 1977, s. 191 (a).

Bom.
III of
1888.
C.P.
and
Berar
II of
1950.
Bom.
LIX of
1949.

Mah.
XL of
1965.

Mah.
V of
1962.
Mah.
XXVIII
o f
1977.
C.P.
and
Berar
XXXVI
o f
1936.

6

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

(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 circulated within that area;

(17) “ occupier ” includes a tenants, 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 purposes the rents or profits of the property in connection with
which it is used;

1

[(19) “ Planning Authority ” means a local authority; and includes,—

(a) a Special Planning Authority constituted or appointed or deemed

to have been appointed under section 40;

(b) in respect of the slum rehabilitation area declared under section
3C of the Maharashtra Slum Areas (Improvement, Clearance and
Redevelopment)  Act,  1971, the  Slum  Rehabilitation  Authority
appointed under section 3A of the said Act;]

(20) “ prescribed ” means prescribed by rules made under this Act;

Mah.
XXVIII
o f
1971.

(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 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
2
Act and includes
[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;

1 Clause (19) was substituted for the original by Mah. 5 of 1996, s. 4.

2 These words were substituted for the word “zoning” by Mah. 22 of 2005, s. 2(a).

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

(29) “ Rule ” means a rule made under this Act;

7

(30) “ scheme ” includes a plan relating to a town planning scheme;
1

[(30A) “ Special Township Project ” means a Special Township Project

declared under section 18 or 44, as the case may be;]

(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;

2

[(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 constituted under the Cantonment Act, 1924) which
is in the opinion of the State 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 ;]

(32) “Zilla Parishad” means a Zilla Parishad constituted under the

Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.

2 of
1924.

Mah.
V of
1962.

CHAPTER II.

PROVISIONS RELATING TO REGIONAL PLANS.

(a) Regions.

3.

(1) Subject to the provisions of this section, the State Government
may, by notification in the Official Gazette, establish any area in the State,
by defining 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.

1 Clause (30A) was inserted by Mah. 22 of 2005, s. 2(b).

2 Clause (31A) was inserted by Mah. 30 of 1972, s. 2(2).

Establish-
ment  of
Region  and
alteration
of  its  limits.

8

Constitution
of  Regional
Planning
Boards.

Terms  of
office  and
conditions
of  service
of  mem-
bers.

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

(b) Constitution of Regional Planning Boards.

4.

(1) For the purpose of planning the development and use of land
in the Region, the State Government shall, by notification in the Official
Gazette, constitute Region, the State Government shall, by notification
in the Official Gazette, constitute a Regional 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 for persons
[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

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.
3

[(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 may appoint, and shall be known by the name specified in
the notification constituting it.

Mah.
V of
2000.

5.

(1)

4
[Subject to the provisions of sub-section (3), the term of office]
and conditions of service of the members of a Regional Board shall be
such as may be prescribed; and the members shall be entitled to receive
such remuneration or allowances, or both, as 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

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”,

ibid.,  s.  2(b).
3 Sub-section  (1A)  was  inserted  by  Mah.  5  of  2000,  Sch.
4 These  words,  brackets  and  figure  were  substituted  for  the  words  “The  term  of  office”

by  Mah.  14  of  1971,  s.2(a).

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

9

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.

1[(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 his hand addressed to the State Government, and upon
the acceptance thereof, the office of the member shall become vacant.

Resignation
of  mem-
bers.

7.

In the event of a vacancy in the office of any member of a Regional
Board, the vacancy 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.

Vacancies.

8. Subject to the provisions of this Act and the rules and regulations

made thereunder, it shall be the duty of a Regional Board—

Powers  and
duties  of
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.

9.

(1) The Regional Board shall meet at such times and places as the
Chairman may 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 :

Meeting  of
Regional
Board,  etc.

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.

1 Sub-section  (3)  was  added  by  Mah.  14  of  1971,  S.2(b).

H  4078—3

10

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

Consulta-
tion  or
association
with
experts;
Regional
Planning
Committee.

(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.

10.

(1) A Regional Board  may, with the previous sanction of the State
Government,  associate with  itself  or  consult such  persons  whose
assistance or advise it may desire for the purpose of performing any of
its functions under this Act. Such persons may be paid 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.

(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.

Power  of
Regional
Board  to
appoint
staff.

11.

(1) For the efficient performance of its functions under this Act,
a Regional Board, or an officer authorised by it, may appoint such officer
and other staff as may be necessary. The officers and staff so appointed
shall be entitled to receive such salaries or allowances, 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.

Expenses
of  Regional
Board.

12. All expenses incurred by a Regional Board, including expenses
incurred on account of salaries, allowances, fees and other remuneration
payable to its members and to its 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.

Survey  of
Region  and
preparation
of  Regional
plan.

13. Subject to the provisions of this Act and the rules and regulations
made thereunder, a Regional Board shall, with a view to securing planned
development and use of land in a Region, carry out a survey thereof,
prepare  an existing-land-use map  thereof, and  other maps  as are

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

11

Contents  of
Regional
plan.

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 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 ;

(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.
H  4078—3a

12

Submission
of  Regional
plan  to  State
Government
for  approval.

Procedure
to  be
followed  in
preparing
and
approving
Regional
plans.

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

15.

(1) Every  Regional plan  shall  be  submitted  to  the  State
Government together with all connected documents, maps and plans for
approval. The State Government may, within the prescribed period, by
notification in the Official Gazette, either approve the 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.

1

16.

(1) Before preparing any Regional plan and submitting it to the
State Government for approval, every Regional Board shall, after carrying
out the necessary surveys and preparing an existing-land-use map of the
Region, or such other maps as are considered necessary, prepare a draft
[and publish a notice in the Official Gazette and in such
Regional plan
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
work 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—” ibid., s. 3(1)(b).

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

13

(2) The Regional Board shall refer the objections, suggestions and
representations rece:ved 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.

17.

Immediately after a Regional plan is approved by the State
Government, the State Government shall publish, in such manner as
may be prescribed by rules as is calculated to bring to the notice of all
persons concerned; and in particular, to all persons affected 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,
[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”.

1

Publication
of  Regional
plan  and
date  of  its
operation.

18.

(1) No person shall on or 2[after the publication of the notice that
the draft Regional plan has been prepared or the draft Regional plan has
been approved], institute or change the use of any land for any purpose
other than agriculture or carry out any development in respect of any
land without the previous permission of the Municipal Corporation or
Municipal Council, within whose area the land is situate, and elsewhere,
of the Collector.

Restriction
on  change
of  user  of
land  or
develop-
ment
thereof.

(2) Notwithstanding anything contained  in any law for the time being
in force, the permission referred to in sub-section (1) shall not be granted
otherwise than in conformity with the provisions of the draft of final
Regional plan.

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 a Special
Township Project on any land, may make an application to the State
Government, and on receipt of such application the State Government

1 These words were inserted by Mah. 6 of 1976, s. 4.

2 These  words were substituted  for  the words “ after  the publication of a  draft

Regional plan ”, ibid., s. 5.

3

This sub-section was added by Mah. 22 of 2005, s. 3.

14

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

Exclusion  of
claims  for
compensa-
tion  for
injurious
affection.

3[Revision  or
modification]
of  Regional
plan.

may, after making such inquiry as it may deem fit in that behalf, grant
such permission and declare such project to be a Special Township Project
by notification in the Official Gazette or reject the application.]

19. No compensation shall be awarded—

(a) if and in so far as any property or any right or interest therein
alleged to be 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.

20.

(1) If the State Government at any time after a Regional plan
has come into operation, but not earlier than ten years therefrom is of
the opinion that revision of such 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 revisions of the Regional plan as
those provisions apply in relation to the preparation,
[publication of
notice] and approval of a Regional plan.

1

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 balanced
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

These words were substituted for the word “Revision”, ibid., s. 6 (c).

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

15

Development
plan.

(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 plan with such amendments, if
any, as it may think fit, and shall publish a notification in the Official
Gazette, stating that the modification of the Regional plan specified
therein has been approved. The notice 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.

(a) Preparation, submission and sanction to Development plan.

21.

(1) As soon as may be after the commencement of this Act, but
not later than 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 1*                   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 2[, 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 prepare 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, prepare 3[a draft Development
plan and publish a notice of such preparation in the Official Gazette and
in such other manner as may be prescribed] and 4[submit the draft
Development plan] to the State Government for sanction.

5

[(3) On 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.]

(4) If the draft Development plan is not  submitted to the  State
Government as aforesaid for sanction by any Planning Authority within

1 The words “and publish” were deleted by Mah. 6 of 1976, s. 7(a)(i).

2 These words were inserted, ibid., s. 7(a)(ii).

3 Thsee  words were  substituted  for  the words  “  and  publish in  the  prescribed

manner a draft Development plan ”, ibid., s. 7(b)(i).

4 These words were substituted for the words “ submit it ”, ibid., s. 7(b)(ii).

5 Sub-section (3) was substituted by Mah. 10 of 2011, s. 2(1).

16

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

1

the period specified or within the extended period,
[the concerned
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 preparing
an existing-land-use map in consultation with the Director of Town
Planning, 2[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 3[a Development plan and publishing a notice
as aforesaid and submitting it to the State Government for sanction].

4

[(4A) If at any stage of preparation of the draft Development plan,
the time fixed under sections 23, 25, 26, 28 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 the concerned Divisional Deputy Director of Town
Planning or an officer nominated by him who is not below the rank of
Assistant Director of Town Planning. 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.]

(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.

Contents  of
Development
plan.

22. A Development plan shall generally indicate the manner in which
the use of Development land in the area of a Planning Authority shall be
regulated, and also indicate the manner in which the development of land

1 These words were substituted for the words “ an officer appointed by the State

Government in that behalf may ” by Mah. 10 of 2011, s. 2(2).

2

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).

3

These words were substituted for the words “and publishing a Development plan”,

ibid., 7(c)(ii).

4

Sub-section (4A) was inserted by Mah. 10 of 2011, s. 2(3).

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

17

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 ;

(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
2
[including imposition of fees, charges and premium,
a local authority

1 These words were added by Mah. 39 of 1994, s. 3.

2 This portion was substituted for the words “ including imposition of ” w.e.f. 11th
 January 1967, by Mah. 29 of 2010, s. 2.

H  4078—4

18

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

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.

Modifica-
tions  of
substantial
nature.

1[22A.

In section 31, the expression “ of a substantial nature” used
in relation to the modifications made by the State Government in the
draft Development Plan means,—

(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
sanctioning Development plans.

23.

(1) A planning Authority shall, before carrying out a survey and
preparing an existing-land-use map of the area as provided in section 21,
by  a resolution  make  a  declaration of  its  intention  to  prepare  a
Development plan; and shall despatch a copy of such resolution with a
copy of a plan showing only the boundary of the entire area proposed to
be included in the Development plan to the State Government. 2[The said
Officer] shall also make a similar declaration and submit a copy thereof
to the State Government. The Planning Authority or the said Officer, as
the case may be, shall also publish a notice of such declaration in the
Official Gazette, and also in one or more local newspaper in the prescribed
manner, inviting suggestions or objections from the public within a period

1 Section 22A was substituted by Mah. 10 of 2011, s.3.

2 These words were substituted for the portion beginning with the words “The Officer”

and ending with the words and bracket “ the said Officer, ” by Mah. 39 of 1994, s. 5.

Declaration
of  intention
to  prepare
Development
plan.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

19

Town
Planning
Officer.

Provision
for  survey
and
preparation
of  existing-
land-use
map.

3[Preparation
and
publication
of  notice]  of
draft
Development
plan.

of not less than sixty days from the publication of the notice in the Official
Gazette.

(2) A copy of the aforesaid plan shall be open to the inspection of the
public at all reasonable hours at the head office of the Planning Authority
and Local Authority.

1

[24. Every Planning Authority shall, at the time of declaration of
intention to prepare Development plan, resolve to appoint a person
possessing such qualification as may be prescribed, to be the Town
Planning Officer for carrying out survey of the area of a Planning
Authority, preparing an existing-land-use map thereof and formulating
proposals of a Development plan of that area for submission to the
Planning Authority. Thereafter, the Planning Authority shall, with the
previous sanction of the State Government, appoint such person as a
Town Planning Officer.]

25. After the declaration of intention of a Planning Authority or the
said Officer to prepare a Development plan but not later than six months
from the date of such declaration or not later than such further time as
the State  Government may from  time  to  time extend,  a  Planning
Authority or the said Officer shall carry out a survey of the lands within
the jurisdiction of the Planning Authority and prepare an existing-land-
use map indicating the existing use of land therein.

26.

(1) Subject to the provisions of section 21, a Planning Authority,
or the said Officer shall, not later than two years from the date of notice
published under section 23, 2[prepare a draft Development plan and
publish a notice in the Official Gazette, and in such other manner as may
be determined by it stating that the Development plan has been prepared.
The notice shall state the name of the place where a copy thereof shall
be available for inspection by the public and that copies thereof or extracts
therefrom certified to be correct shall be available for sale to the public
at a reasonable price, and inviting] objections and suggestions within a
period of

[thirty days] from the date of notice in the Official Gazette :

4

Provided that, the State Government may, on an application of the
Planning Authority, by an order in writing, and for reasons to be recorded
from time to time extend the period for preparation 5[and publication of
notice] of the draft Development plan.

1 Section 24 was substituted by Mah. 10 of 2011, s. 4.

2 This portion was substituted for the words beginning with “ prepare and publish ”
and ending with the words “ inviting ” by Mah. 6 of 1976, s. 8(1)(a).

3 These words were substituted for the word “ publication ”, ibid., s. 8(3).

4 These words were substituted  for the words “ sixty  days ”  by Mah. 10 of 2011,
 s. 5(1).

5 These words were substituted for the words “ and publication ” by Mah. 6 of 1976,
 s. 8(1)(b).

H  4078—4a

20

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

1

[Provided further that, the period so extended shall not in any case

exceed six months in the aggregate.]

(2) 2[The notice shall also state that copies of the following particulars
in relation to the draft Development 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 :—]

(i) a report on the existing-land-use map and the surveys carried

out for the purpose of preparation of the draft plan ;

(ii) maps, charts and a report explaining the provisions of the draft

Development plan ;

3

[(ii-a) map showing the planning units or sectors unalterable till

the Development plan is revised ;]

(iii) regulations  for  enforcing  the  provisions  of  the  draft
Development plan and explaining the manner in which the permission
for developing any land may be obtained from the Planning Authority
or the said officer, as the case may be ;

(iv) a report of the stages of development by which it is proposed to
meet any obligation imposed on the Planning Authority by the draft
Development plan ;

(v) an approximate estimate of the cost involved in acquisition of
lands required by the Planning Authority for the public purposes, and
also cost of works, as may be necessary.

Provision  of
Regional
plan  to  be
considered.

27. Where any area within the jurisdiction of a Planning Authority
is included in a Region, the Planning Authority or as the case may be,
the said Officer shall have regard to, and be guided by, the proposals made
in any draft Regional plan or any final Regional plan, as the case may be,
while preparing the draft Development plan :

Provided that, where the Planning Authority or the said Officer is of
the opinion that any provision of a draft Regional plan or the final Regional
plan, as the case may be, needs any modification, the Planning Authority
or as the case may be the said Officer may carry out such modification—

(a) in the case of a draft Regional plan, with the concurrence of the

Regional Board ; and

(b) in the case of a final Regional plan, with the approval of the State

Government.

Objections  to
draft
Development
plan.

28.

(1) Subject to the provisions of this Act, if within the time allowed
under sub-section (1) of section 26 any person communicates in writing
to the Planning Authority or the said Officer any suggestion or objection
relating to the draft Development plan, the Planning Authority or the

1 This proviso was added by Mah. 10 of 2011, s. 5(2).

2 This portion was  substituted for the  words “ The  following particular shall  be
 published along with the draft Development Plan, namely :—” by Mah. 6 of 1976, s. 8(2).

3 Clause (ii-a) was inserted by Mah. 39 of 1994, s. 6.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

21

said officer may, after considering the report of the Planning Committee
under sub-section (2) and the suggestions or objections received by it or
him, modify or change the plan in such manner as it or he thinks fit.

(2) The Planning Authority or the said Officer shall forward all
objections and suggestions received by it to a Planning Committee
1
[consisting of three members of the Standing Committee of the Planning
Authority and such additional number of persons, not exceeding four,
2
[appointed by the Direector of Town Planning] having special knowledge
or practical experience of matters relating to town and country planning
or environment or relating to both] for consideration and report :

Provided that, where a Planning Authority is not a local authority,
the Planning Committee shall consist of such members as the Planning
Authority 3 * * * may determine :

4[Provided further that, where the Divisional Deputy Director of Town
Planning or the officer nominated by him under sub-section (4) of section
21 exercises the powers and performs the duties of a Planning Authority,
then the Planning Committee may consist of such Divisional Deputy
Director of Town Planning or the officer nominated by him.]

5[6[Provided also that], where the State Government or any person or
persons appointed under section 162, exercise the powers and perform
the duties of a Planning Authority or Development Authority, then the
Planning Committee may consist of the State Government or the person
or persons so appointed:]

7

[Provided also that, the Planning Committee contemplated in the
preceding provisos shall also consist of such additional number of persons,
8
not exceeding four, appointed by
[the Director of Town Planning] having
special knowledge or practical experience of matters relating to town and
country planning or environment or relating to both].

(3) The Planning Committee, 9*

of objections and suggestions, make such enquiry as it 10*

shall, on receipt
* may
*
1 This portion was substitued for the portion beginning with the words “ consisting

*

*

*

of ” and ending with the words “ Planning Authority ” by Mah. 39 of 1994, s.7 (a).

2 These words were substituted for the words “appointed by the State Government”

by Mah. 10 of 2011, s. 6(1)(a).

3 The words “or as the case may be, the said Officer” were deleted by Mah. 6 of 1976,

s.9(a)(i).

4 This proviso was substituted for the second proviso by Mah. 10 of 2011, s. 6(1)(b).

5 This proviso was added by Mah. 30 of 1972, s. 3.

6 These words were substituted for the words “Provided further that” by Mah. 6 of

1976, s. 9(a)(iii).

7 This proviso was added by Mah. 39 of 1994, s. 7(b).

8 These words were substituted for the words “the State Government” by Mah. 10

of 2011, s. 6(1)(c).

9 The words “or as the case may be, the said Officer” were deleted by Mah. 6 of 1976,

s. 9(b)(i).

10 The words “or he” were deleted, ibid., s. 9(b)(ii).

22

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

consider necessary, and give a reasonable opportunity of being heard to
any person including representatives of Government departments who
may have filed any objection or made any suggestions in respect of the
draft Development plan and after considering the same, the Planning
Committee shall submit its report to the Planning Authority or as the
case may be, the said Officer not later than two months from the date of
its appointment

*.

*

*

1

Submission
of  draft
Development
plan.

2

[(4) Not later than two months, after the receipt of the report of the
Planning Committee, the Planning Authority or the said officer shall
consider the report including the objections and suggestions received by
it or him and make a list of such modifications or changes and carry out
the same in the draft Development plan, as it or he may consider proper.
The Planning Authority or the said officer shall publish, in the Official
Gazette and in not less than two local newspapers, the list of modifications
or changes made in the draft Development plan for information of the
public.]

3[The draft Development Plan so modified shall be published in the
Official Gazette and in such other manner as may be prescribed not less
than  one month  prior  to  the submission  of  the same to  the  State
Government for sanction.]

29.

4
*

*

*

30.

(1) The Planning Authority or as the case may be, the said Officer
[along  with  the  list  of
shall  submit the  draft  Development Plan
modifications or changes made in the draft Development plan under sub-
section (4) of section 28 to the State Government for sanction within a
period of six months] 6[from the date of publication of the notice in the
Official Gazette regarding its preparation] under section 26 :

5

Provided that, the State Government may, on an application by a
Planning Authority or the said Officer by an order in writing, and for
adequate reasons which should be recorded, extend from time to time
the said period by such further period as may be specified in the order
but not in any case exceeding

[six months] in the aggregate.

7

(2) The 8[particulars referred to in] sub-section (2) of section 26 shall

also be submitted to the State Government.

1 The portion beginning with the words “or such further time” and ending with the

words “or the said officer in this behalf” was deleted by Mah. 10 of 2011, s.6(2).

2 Sub-section (4) was substituted by Mah. 10 of 2011, s.6(3).

3 This portion was added by Mah. 10 of 1994, s.3.

4 Section 29 was deleted by Mah. 10 of 2011, s. 7.

5 This portion was substituted for the portion beginning with the words “to State

Government” and ending with the words “twelve months”, ibid., s.8(1).

6 These words were substituted for the words “from the date of its application” by

Mah. 6 of 1976, s. 11(a).

7 Theses words were substituted for the words “twenty four months” by Mah. 10 of

2011, s. 8(2).

8 These words were substituted for the words “particulars published under” by Mah.

6 of 1976, s. 11(b).

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

*

*

(1) Subject to  the provisions of this  section, and not  later
31.
1
than
[six  months] from the  date of  receipt  of such plan  from  the
Planning Authority, or as  the  case may  be, from  the said  Officer,
2*
*   the State Government may, after consulting
the Director of Town Planning by notification in the Official Gazette
sanction the draft Development plan submitted to it for the whole area,
or separatley for any part thereof, either without modification, or subject
to such modifications as it may consider proper, or return the draft
Development plan to the Planning Authority, or as the case may be, the
said Officer for modifying the plan as it may direct or refuse to accord
sanction and direct the Planning Authority or the said Officer to prepare
a fresh Development plan :

23

Sanction  to
draft
Development
plan.

3

[Provided that, the State Government may, if it thinks fit, whether
the said period has expired or not, extend from time to time, by a
notification in the Official Gazette, the period for sanctioning the draft
Development plan or refusing to accord sanction thereto, by such further
period
[not exceeding six months in the aggregate] as may be specified
in the notification :]

4

5

[Provided further that, where the modifications proposed to be made
by the State Government or submitted by the Planning Authority under
section 30 and proposed to be approved by the State Government without
any further change are of a substantial nature with respect to the draft
Development plan published under section 26, the Government shall
publish a notice in the Official Gazette and also in not less than two local
newspapers inviting objections and suggestions from any person in
respect of the proposed modifications within a period of one month, from
the date of such notice.]

(2) The State Government may appoint an officer of rank not below
that of a Class I officer and direct him to hear any such person in respect
of such objections and suggestions and submit his report thereon to the
State Government.

(3) The State Government shall before according sanction to the draft
Development plan take into consideration such objections and suggestions
and the report of the officer.

(4) The State Government shall fix in the notification under sub-
section (1) a date not earlier than one month from its publication on which
the final Development plan shall come into operation.

6

[(4A) The State Government may, by notification in the Official
Gazette, delegate all the powers and functions under this section to the

1 These words were substituted for the words “one year” by 10 of 2011, s.9(1)(a).

2 The words “or not later than such further period not exceeding twelve months as

it may decide” were deleted by Mah. 6 of 1976, s. 12(a).

3 This proviso was inserted by Mah. 6 of 1976, s. 12(b).

4 These words were inserted by Mah. 10 of 2011, s. 9(1)(b).

5 This proviso was substituted for the second proviso, ibid., s. 9(1)(c).

6 Sub-section (4A) was inserted, ibid., s. 9(2).

24

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

Interim
Development
plan.

Director of Town Planning in such cases and subject to such conditions,
if any, as may be specified in such notification.]

(5) If a Development plan contains any proposal for the designation
of any land for a purpose specified in clauses (b) and (c) of section 22, and
if  such  land  does  not  vest  in  the  Planning  Authority,  the  State
Government shall not include that purpose in the Development Plan,
unless it is satisfied that the Planning Authority will be able to acquire
such land by private agreement or compulsory acquisition not later than
ten years from the date on which the Development plan comes into
operation.

(6) A Development plan which has come into operation shall be called
the “final Development plan” and shall, subject to the provisions of this
Act, be binding on the Planning Authority.

(c) Provisions for preparation of interim Development plans,
plans for areas of Comprehensive development etc.

32.

(1) Pending the preparation of a draft Development plan, a
Planning Authority may, where it considers it expedient, and shall, when
so  directed  by  the  State  Government,  prepare 1*  *  an  interim
Development plan for the entire area within the jurisdiction of the
Planning Authority, or for any part thereof 2[and publish a notice in the
Official Gazette and in such other manner as may be prescribed regarding
its preparation]; and thereupon, the provisions of sections 25, 26, 27, 28,
3
* 30 and 31 shall, so far as may be, but subject to the provisions of
*
this sections, apply in relation to such interim Development plan as they
apply in relation to the preparation 4[and publication of notice] of a
Development plan.

(2) The Planning Authority shall prepare 5[such plan and publish the
notice referred to in sub-section (1)] not later than one year from the
date of notice in the Official Gazette of its declaration of intention to
prepare a draft Development plan or not later than such further period
not  exceeding  twelve  months  as  may  be  extended  by  the  State
Government.

(3) The interim Development plan shall provide only for matters
mentioned clauses (a), (b) and (c) of section 22, and if necessary, such
other matters of that section as the Planning Authority may decide to
include or as may be directed by the State Government.

(4) The interim Development plan shall consist of such maps and such
descriptive matter as the Planning Authority may consider necessary to
explain and illustrate the proposals made in such plan.

1 The words “and publish” were deleted by Mah. 6 of 1976, s. 13(a)(i).

2 These words were inserted, ibid., s. 13(a)(ii).

3 The figures “29” were deleted by Mah. 10 of 2011, s. 10.

4 These words were substituted for the words “and publication”, by Mah. 6 of 1976,

s. 13(a)(iii).

5 These words were substituted for the words “and publish such plan”, ibid., s. 13(b).

25

Plans  for
areas  of
Comprehen-
sive  develop-
ment.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

33.

(1) Any  time  after 1[the  publication  of  notice  regarding
preparation] of draft Development Plan under section 26, a Planning
Authority  may  prepare  plan  or  plans  showing  proposals  for  the
development of an area or areas which in the opinion of the Planning
Authority should be developed or re-developed as a whole (hereinafter
referred to as “ the area or areas of Comprehensive development”) ; and
in particular, such plans shall provide for—

(a) detailed development of specific areas for urban renewal,
housing, shopping centres, industrial areas, civic centres, educational
and cultural institutions ;

(b) control of architectural features, elevation and frontage of

buildings and structures ;

(c) dealing satisfactorily with areas of bad layout, obsolete develop-

ment and slum areas and re-location of population ;

(d) open spaces, gardens, playgrounds and recreation areas.

(2) When the plans for an area or areas of Comprehensive development
are prepared, whether or not separately, the Planning Authority shall
follow the same procedure before submission of these plans to the State
*,
Government for sanction as is provided by sections 25, 26, 27, 28,
30 and 31 as respect a draft Development plan and submit such plan or
plans from time to time to the State Government for sanction, along with
a report—

*

2

(a) explaining the proposals and the stages of the development

programme by which it is proposed to execute the plan or plans ;

(b) giving an appropriate estimate of the cost involved in executing

the proposals of the plan or plans.

(3) The State Government may, after consulting the Director of Town
Planning by notification in the Official Gazette, sanction the plan or plans
for the area or areas of comprehensive development either without, or
subject to such, modifications as it may consider necessary not later than
three months of the date of receipt of such plans from the Planning
Authority or not later than such further period as may be extended by
the State Government.

34.

(1) If at any time after a Planning Authority has declared its
intention to prepare a Development plan or after a Development plan
prepared by a Planning Authority has been sanctioned, the jurisdiction
of the Planning Authority is extended by inclusion of an additional area,
the Planning Authority shall make a fresh declaration of intention to
prepare a Development plan for the additional area; and after following
the provisions of this Act for the preparation of a draft Development plan,
3[prepare a draft Development plan and publish a notice regarding its
preparation], for such additional area either separately or jointly with

1 These words were substituted for the words “the publication”, by Mah. 6 of 1976,

s. 14.

2 The figures “29” were deleted by Mah. 10 of 2011, s. 11.
3  These  words  were  substituted  for  the  words  “prepare  and  publish  a  draft

Development plan” by Mah. 6 of 1976, s. 15.
H  4078—5

Preparation
o f
Development
plan  for
additional
area.

26

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

Development
plans
sanctioned
by  State
Government
before
commence-
ment  of  this
Act.

Development
plan  prepared
prior  to  this
Act.

4[Modifica-
tion]  of  final
Development
plan.

the draft or final Development Plan prepared or to be prepared for the
area  originally  under its  jurisdiction,  and  submit  it to  the  State
Government for sanction after following the same procedure as is followed
for submission of a draft Development plan to the State Government :

Provided that, where a draft Development plan for the additional area
requires modification of the final Development plan or where the State
Government directs any such modification, the Planning Authority shall
revise the final Development plan after following the procedure laid down
in section 38 so far as may be relevant.

(2) Where any area is withdrawn from the jurisdiction of a Planning
Authority the proposals, if any, made for that area so withdrawn in a
Development plan shall also be deemed to be withdrawn therefrom.

35.

If any Planning Authority has prepared a Development plan which
has been sanctioned by the State Government before the commencement
of this Act, then such Development plan shall be deemed to be final
Development plan sanctioned under this Act.

36.

If any Planning Authority has prepared a draft Development plan
for the area within its jurisdiction before the commencement of this Act,
such Development plan shall be deemed to be a draft Development plan
for that area for the purposes of this Act, and thereupon, the foregoing
provisions  of  this Chapter  in  relation  to  the submission  of  draft
Development plan to the State Government for sanction shall mutatis
mutandis apply.

1

37.

(1) Where a modification of any part of or any proposal made in,
a final Development plan is of such a nature that it will not change the
character of such Development plan, the Planning Authority may, or
when so directed by the State Government
[shall, within ninety days
from the date of such direction, publish a notice] in the Official Gazette
2[and in such other manner as may be determined by it] inviting objections
and  suggestions  from  any  person  with  respect  to  the  proposed
modification not later than one month from the date of such notice ; and
shall also serve notice on all persons affected by the proposed modification
and after giving a hearing to any such persons, submit the proposed
modification (with amendments, if any,) to the State Government for
sanction.

3[(1A) If the Planning Authority fails to issue the notice as directed by
the State Government, the State Government shall issue the notice, and

1 These words were substituted for the words “shall, within sixty days from the date

of such direction, publish a notice” by Mah. 16 of 2007, s. 2.

2 These words were inserted by Mah. 6 of 1976, s. 16.

3 Sub-section (1A) was inserted by Mah. 14 of 1971, s. 3 (2).

4 This word was substituted for the words “Minor modification” by Mah. 39 of 1994,

s. 9.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

27

thereupon the provisions of sub-section (1) shall apply as they apply in
relation to a notice to be published by a Planning Authority.]

1
[(1AA)(a) Notwithstanding anything contained in sub-sections (1), (1A)
and (2), where the State Government is statisfied that in the public
interest it is necessary to carry out urgently a modification of any part
of, or any proposal made in, a final Development plan of such a nature
that it will not change the character of such Development plan, the State
Government may, on its own, publish a notice in the Official Gazette,
and in such other manner as may be determined by it, inviting objections
and suggestions from any person with respect to the proposed modification
not later than one month from the date of such notice and shall also serve
notice on all persons affected by the proposed modification and the
Planning Authority.

(b) The State Government shall, after the specified period, forward a
copy of all such objections and suggestions to the Planning Authority for
its say to the Government within a period of one month from the receipt
of the copies of such objections and suggestions from the Government.

(c) The State Government shall, after giving hearing to the affected
persons and the Planning Authority and  after making such inquiry as it
may consider necessary and consulting the Director of Town Planning,
by notification in the Official Gazette, publish the approved modifications
with or without changes, and subject to such conditions as it  may deem
fit, or may decide not to carry out such modification. On the publication
of the modification in the Official Gazette, the final Development plan
shall be deemed to have been modified accordingly.]

2

[(1-B) Notwithstanding anything contained in sub-section (1), if the
Slum  Rehabilitation Authority appointed  under section 3A of  the
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment)
Act, 1971 is satisfied that a modification of any part of, or any proposal
made  in,  a  final  Development  plan  is  required  to  be  made  for
implementation of the Slum Rehabilitation Scheme declared under the
said Act, then, it may publish a notice in the Official Gazette, and  in such
other manner as may be determined by it, inviting objections and
suggestions from any person with respect to the proposed modification
not later than one month from the date of such notice ; and shall also
serve notice on all persons affected by the proposed modification, and
after  giving  a hearing  to  any  such  persons, submit  the  proposed
modification (with amendments, if any) to the State Government for
sanction.]

(2) The State Government may, 3[make such inquiry as it may consider
necessary] and after consulting  the Director  of Town  Planning by

1 sub-section (1AA) was inserted by Mah. 7 of 2002, s. 2 and shall deemed to have

effect from the 9th October 2000.

2 Sub-section (1-B) was inserted by Mah. 5 of 1996, s. 5.

3 These words were substituted for the words “after making such inquiry as it may
consider necessary after hearing the persons served with the notice” by Mah. 21 of
1997, s. 2.
H  4078—5a

Mah.
XXVIII
o f
1971.

28

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

Power  of
State
Government
or  Planning
Authority  to
permit
temporary
change  of
user.

Revision  of
Development
plan.

notification in the Official Gazette, sanction the modification 1*
*
with or without such changes, and subject to such conditions as it may
deem fit or refuse to accord sanction. If a modification is sanctioned, the
final  Development  plans  shall  be  deemed  to  have  been  modified
accordingly.

*

2

[37A. Notwithstanding anything contained in this Act or any other
law for the time being in force, or in any judgement, order or direction
of  any  Court  or  any  draft  or  final  Development  plan,  the  State
Government or the  Planning Authority may, in respect of any plot of
land reserved, designated or allocated for the purpose of play-ground in
such draft or final Development plan, which is in the possession of the
State Government or the Planning Authority, by an order issued from
time to time, permit any organisation, body of persons or association to
use  such  play-ground for  functions  organised  on the  occasions  of
Independence Day, Republic Day, Maharashtra Day and similar National
events, and the Jayanties or Punnyatithies of National Leaders and
religious functions, on terms and conditions specified by the State
Government or the Planning Authority, as the case may be, in such order,
for a period not exceeding 12 days at a time and in any case not exceeding
30 days in the aggregate, in a calender year ; and such use shall not be
deemed to be a change of user.]

3

38. At  least once  in 3[twenty  years] from  the date on which  a
Development plan has come into operation, and where a Development
plan is sanctioned in parts, then at least once in
[twenty years] from the
date on which the last part has come into operation, a Planning Authority
may 4[and shall at any time when so directed by the State Government],
revise the Development plan 5[(either wholly, or the parts separately)]
after carrying out, if necessary, fresh survey and preparing an existing-
land-use map of the area within its jurisdiction, and the provisions of
section 6* * * 22, 23, 24, 25, 26, 27, 28,
* 30 and 31 shall, so far as
they can be made applicable, apply in respect of such revision of the
Development plan.

*

7

Variation  of
town
planning
scheme  by
Development
plan.

39. Where a final Development plan contains proposals which are in
variation, or modification of those made in a town planning scheme which
has been sanctioned by the State Government before the commencement
of this Act, the Planning Authority shall vary such scheme suitably under
section 92 to the extent necessary by the proposals made in the final
Development plan.

1 The words “submitted to it” were deleted by Mah. 14 of 1971, s. 3(3).

2 Section 37A was inserted by Mah. 48 of 1997, s. 2 and shall deemed to have effect

from the 6th August 1997.

3 These words were substituted for the words “ten years” by Mah. 39 of 1994, s. 10.

4 These words were inserted by Mah. 6 of 1976, s. 17(1).

5 These brackets and words were substituted for the brackets and words “(including

all parts if sanctioned separately)”, ibid., s. 17(2).

6 The figures “21,” were deleted, ibid., s. 17(3).

7 The figures “29” were deleted by Mah. 10 of 2011, s.12.

29

Special
Planning
Authority
for
developing
certain
4[notified
areas].

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

1[40.
Gazette
this Act referred to as “the notified area” either—

(1) The State Government may, by notification in the Official
* * * for any undeveloped area specified in the notification in

2

Mah.
XXVIII
o f
1977.

Mah.
IV  of
1975.

Mah.
III  of
1962.

(a) 3[constitute an authority consisting of ] a Chairman, a Vice-
Chairman,  a member of the Maharashtra Legislative Assembly
representing  the  notified  area,  one  member  representing  the
municipal area, if any, included in the notified area, the Deputy Director
of Town Planning, and the Executive Engineer, Public Health Works
Division, each having jurisdiction over the notified area, and an officer
not below the rank of an Assistant Collector; or

5[(aa) appoint the Authority constituted under the Maharashtra

Housing and Area Development Act, 1976, or]

(b) appoint any Development Authority declared under sub-section

(3A) of section 113, 6[or

(c) appoint  the  Bombay  Metropolitan  Region  Development
Authority  establish under the Bombay Metropolitan Region Develop-
ment Authority Act, 1974, to be the Special Planning Authority for
developing the notified area.]
7

[(1A) Notwithstanding anything contained in sub-section (1), any area
where Chapter VI of the Maharashtra Industrial Development Act, 1961
(hereinafter, in this section, referred to as “the said Act”), applies, or any
other area comprising Government land handed over to the Maharashtra
Industrial Development Corporation established under section 3 of the
said Act, shall be deemed to be “ the notified area”; and the Maharashtra
Industrial Development Corporation shall be the Special Planning
Authority in respect of such notified area, and shall be deemed to have
been appointed as such under this section for the purposes of this Act :

Provided that, at any time, as provided in the first proviso to sub-
section (3) of section 1 of the said Act, where the State Government by
notification in the Official Gazette, directs that the said Chapter VI shall
cease to be in force in that area or any part thereof, from the date specified
in such notification, then from such date, the said area or part thereof,
as  the  case  may  be,  shall  cease  to  be  the  notified  area  and  the
Maharashtra Industrial Development Corporation shall cease to be the
Special Planning Authority for the purposes of this Act for such area or
part thereof :

1 Section 40 was substituted by Mah. 30 of 1972, s. 4.

2 The word “ constitute” was deleted by Mah. 11 of 1973, s. 3(a).
3

These words were substituted for the words “ an authority consisting of ”, ibid.,

s. 3(b).
4

These words were substituted for the words “ undeveloped areas” by Mah. 10 of

1994, s. 4(c).

5 This clause (aa) was inserted by Mah. 28 of 1977, s. 191(b).

6 The word “ or ” and clause (c) were inserted by Mah. 4 of 1975, s. Sch. II.

7 Sub-section (1A) was inserted by Mah. 10 of 1994, s. 4(a).

30

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

Provided further that, the provisions of clauses (e) and (f) of sub-section
(3) or of sections 116, 117, 126, 127 and Chapter VIII shall not be applicable
to such Special Planning Authority.]

1
[(1B) Notwithstanding anything contained in sub-section (1), the State
Government may, by notification in the Official Gazette, appoint any
agency or authority created by or in accordance with Government order
or instrument, or any company or corporation established by or under
any State or Central law, to be the Special Planning Authority for any
notified area.]

(2) The  Chairman and  Vice-Chairman  of  the Special  Planning
Authority constituted under clause (a) of sub-section (1) shall be appointed
by the State Government ; but if any municipal area forms part of any
notified area, then the President of the Municipal Council of such
municipal area shall be the Vice-Chairman. The Officer not below the
rank of an Assistant Collector shall be the Secretary and Chief Executive
Officer.

(3) 2[The] provisions of Chapter VI of this Act shall, subject to the
provisions of this section and section 41, apply mutatis mutandis to the
Special Planning Authority as they apply in relation to a Development
Authority, as if the notified area were a new town subject to the following
modification, namely :—

(a) in section 113—

(i) in sub-section (6), after the words “ Regional Board ” the words
and figure “ with the modification that section 8 shall not apply in
relation to notified area ” shall be added ;

(ii) to sub-section (8), the following proviso shall be added,

namely :—

“ Provided that, it shall not be necessary for a Special Planning
Authority to make any development plan or town planning scheme
for any notified area for the purpose of carrying out its objects under
this Act. It may submit its proposals for the development of the land
in the notified area (being land either vesting in it or land which
has been acquired or is proposed to be acquired under section 116)
as provided in section 115.” ;

(b) section 113A shall be omitted ;

(c) in section 114,—

(1) in sub-section (1),—

(i) the words, figures and letter “ subject to the provisions of

section 113A” shall be omitted ;

(ii) in  the proviso,  for  the  words, brackets  and  figures
“constituted under sub-section (2) of section 113” the words, “, unless
empowered by the State Government so to do,” shall be substituted ;

1 Sub-section (1B) was inserted by Mah. 24 of 2002, s. 2.

2 This word  was substituted for the words  “On  the reconstitution  of the Special

Planning Authority the”, by Mah. 10 of 1994, s. 4(b).

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

31

(2) in sub-section (2), in the proviso, in clause (a), for the portion
beginning with the word “constituted” and ending with the words “such
Authority”, the following shall be substituted, namely :—

“ and if  both the Chairman and Vice-Chairman are not available, with

such officer or officers as may be authorised by such Authority.”;

(d) for section 115, the following shall be substituted, namely :—

1

“115.

[(1)] A Special Planning Authority shall, from time to time,
submit to the State Government its proposals for the development
of land (being land either belonging to, or vesting in, it or acquired
or proposed to be  acquired under section 116), and the State
Government may, after consultation with the Director of Town
Planning,  approve  such  proposals  either  with  or  without
modification.

1[(2) Before submitting the proposals to the State Government,
the Special Planning Authority shall carry out a survey and prepare
an existing land-use map of the area, and prepare and publish the
draft proposals for the lands within its jurisdiction together with a
notice in the Official Gazette and local newspapers in such manner
as  the Special  Planning  Authority  may  determine,  inviting
objections and suggestions from the public within a period of not
more than 30 days from the date of notice in the Official Gazette.
The Special Planning Authority may, if it thinks fit, give individual
notices to persons affected by the draft proposals.

(3) The Special Planning Authority may after duly considering
the objections or suggestions, received by it, if any, and after giving
an opportunity, to persons affected by such draft proposals of being
heard modify its proposals, if necessary, and then submit them to
the State Government for its approval. The orders of the State
Government approving such proposals shall be published in the
Official Gazette.]”;

(e) for section 116, the following shall be substituted, namely :—
“116. Every Special Planning Authority shall have all the powers
of a Planning Authority under this Act as provided in Chapter VII
for the purposes of acquisition of such land in the notified area as it
considers to be necessary for the purpose of development in that
area either by agreement or under the Land Aquisition Act, 1894,
or  any  land  adjacent  to  such area  which  is  required  for  the
development of the notified area and land whether adjacent to that
area or not which is required for provision for services or amenities
for the purposes of the notified area”. ;
(f) for section 117, the following shall be substituted, namely :—

I  of
1894.

Planning
and  control
in  notified
area.

Power  of
Special
Planning
Authority  to
acquire  land
in  notified
area.

“117. Where any land has not been acquired within a period of
ten years from the date of a notification under sub-section (1) of
section 40, any owner of the land may, by notice in writing served
on the Special Planning Authority, require it to acquire his interest

Obligation
to  purchase
land  in
notified
area.

1 Section 115 was renumbered as sub-section (1) thereof and sub-sections (2) and

(3) were added by Mah. 22 of 1973, s. 2.

32

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

Expenses  of
Special
Planning
Authority  to
be  met  by
contribution
by  local
authorities.

therein; and thereupon, the provision of section 127 providing for
lapsing of reservations shall apply in relation to such land as they
apply in relation to land reserved under any plan under this Act. ;”.
(g)  in section 122, in sub-section (1), the words, brackets and figures

“ constituted under sub-section (2) of section 113 ” shall be omitted.

(4) In preparing and submittting its proposals for developing any
land under section 115 and in approving them under that section,
the Special Planning Authority and the State Government shall take
particular care to take into consideration the provisions of any draft
or final Regional Plan, draft or final development plan; or any draft
or  final  town planning  scheme,  or  any building  bye-laws  or
regulations, which may already be in force in the notified area or
in any part thereof.

(5) Where  any proposals  for  development  of any  land  are
approved by the State Government under section 115, the provisions
of the proposals approved by the State Government shall be final,
and shall prevail, and be deemed to be in force, in such notified area;
and to that extent the provisions of any such plan or scheme
applicable to and in force in the notified area or any part thereof
shall stand  modified by the proposals  approved by  the  State
Government.]

41.

(1) The State Government shall by an order in writing determine
the amount which a local authority or each of the local authorities in
respect of whose area the Special Planning Authority has been constituted
shall pay as contribution either in lump sum or in such instalments as
may be specified in the order, for meeting the expenses of the Special
Planning Authority for the purposes of this Act.

(2) Not later than thirty days of the receipt of the order under sub-
section (1), the local authority or local authorities shall pay to the Special
Planning Authority the amount of contribution specified in the order in
the manner indicated therein :

Provided that, where the local authority or authorities fail to pay such
amount of  contribution the State Government shall, on  receipt  of
necessary intimation from the Special Planning Authority, recover it from
the local authority or authorities and pay it to the Special Planning
Authority. 1[lf any 2[local authority] fails to pay any sum under sub-section
(1), the State Government may make an order directing any person who
for the time being has custody of any moneys on behalf of the 3[local
authority] as its officer, treasurer, banker or otherwise to make the
payment from such moneys as he may have in his hands or may from
time to time receive either in one instalment or in any such number of
instalments as may be specified in the order ; and such person shall be
bound to obey the order. Every payment made pursuant to such order
shall be a sufficient discharge to such person from all liability to 3[local
authority] in respect of any sum or sums so paid by him out of the money
of the 3[local authority] held or received by him.]

1 This portion was added by Mah. 30 of 1972, s. 5.
2 These words were substituted for the words “Municipal Council” by Mah. 11 of

1973, s. 4(a).

3 These words were substituted for the word “Council”, ibid., s. 4(b).

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

33

42. On the coming into operation of any plan or plans referred to in
this Chapter, it shall be the duty of every Planning Authority to take
such steps as may be necessary to carry out the provisions of such plan
or plans.

Implemen-
tation  of
plans.

1
[CHAPTER III-A

AREA DEVELOPMENT AUTHORITY

42A.

(1) The State Government may, for the purpose of securing
planned development of areas within the State, declare  by notification
in the Official Gazette, any area in the State to be a development area.

Declaration
of  develop-
ment  area.

Exclusion  of
whole  or
part  of
development
area  from
operation  of
Act.

Constitution
of  Area
Development
Authority.

(2) Every notification issued under sub-section (1) shall define the

limits of the area to which it relates.

(3) The State Government may, by notification in the Official Gazette,
amalgamate two or more development areas into one development area,
sub-divide any development area into different development areas and
include such sub-divided areas in any other development area.

42B.

(1) The State Government may, by notification in the Official
Gazette, withdraw from operation of the relevant provisions of this Act,
the whole or part of any development area declared under section 42A.

(2) Where any notification is issued under sub-section (1) in respect
of any development area or part thereof, the relevant provisions of this
Act and all notificaitons, rules, regulations and orders made or directions
issued and powers conferred thereunder, shall cease to apply to the said
area or, as the case may be, part thereof.

42C.

(1) As soon as may be, after the declaration of a development
area under section 42A, the State Government shall, by notification in
the Official Gazette, constitute an authority for such area to be called
the Area Development Authority of that development area for the purpose
of carrying out the functions assigned to an Area Development Authority
under this Act.

(2) Every Area Development Authority constituted under sub-section
(1) shall be a body corporate by the name aforesaid, having perpetual
succession and a common seal, with power to acquire, hold and dispose
of property, both movable and immovable, and to contract and by the
said name sue and be sued.

(3) An Area Development Authority shall consist of the following

members, namely :—

(a) Guardian Minister of the concerned

Chairman ;

district,

(b) The Presidents of Zilla Parishads and

Chairman of Panchayat Samitis
functioning in the development area
or in any part thereof,

Ex officio
Members ;

1 Chapter III-A was inserted by Mah. 25 of 2009, s. 2.

H  4078—6

34

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

(c) Mayors of Municipal Corporations and
Presidents of Municipal Councils,
functioning in the development area
or in any part thereof,

(d) Municipal Commissioners of Municipal
Corporations and Chief Officers of
Municipal Councils, functioning in the
development area or in any part thereof,

(e) The Collectors of Districts or their

representatives not below the  rank of
Deputy Collector having jurisdiction
over the development area or in any
part thereof,

(f) Chief Executive Officers of Zilla

Parishads or their representatives not
below the rank of Deputy Chief Executive
Officer, functioning in the development
area or in any part thereof,

(g) The Chief Engineer of Maharashtra

Jeevan Authority or his representative
not below the rank of Superintending
Engineer having jurisdiction over the
development area or in any part thereof,

(h) Settlement Commissioner and Director
of Land Records or his nominee not
below the rank of Deputy Director of
Land Records having jurisdiction over
the development area or in any part
thereof,

(i) Chief Executive Officer not below the

rank of Joint Director of Town Planning
or an Officer appointed by Government
for Metropolitan Area and Deputy
Director of Town Planning elsewhere, to
be appointed by the State Government.

Ex officio
Members ;

Ex officio
Members ;

Ex officio
Members ;

Ex officio
Members ;

Ex officio
Members ;

Ex officio
Members ;

Member
Secretary.

(4) The provisions of sections 9, 10 and 11 of this Act shall mutatis
mutandis apply to an Area Development Authority constituted under sub-
section (1) as they apply in relation to a Regional Planning Board.

42D. The State Government may, instead of constituting an Area
Development Authority for a development area, appoint any agency or
authority or any company or corporation established by the State or
Central Government to be the Area Development Authority for any
development area.

Appointment
of  Govern-
ment  com-
pany,  etc.,  as
Area  Devel-
opment
Authority.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

35

42E.

(1) Every Area Development Authority constituted under
section 42C or appointed under section 42D shall carry out such directions
or instructions as may be issued, from time to time, by the Metropolitan
Planning Committee or the District Planning Committee, as the case
may  be,  within whose  jurisdiction  the  notified  area  of  the  Area
Development Authority, is situated :

Control  by
Metropolitan
Planning
Committee
and  District
Planning
Committee.

Powers  and
functions  of
Area
Development
Authority.

Provided that, if the notified area of an Area Development Authority
is situated in the jurisdiction of a Metropolitan Planning Committee and
also of a District Planning Committee, the directions issued by the
Metropolitan Planning Committee shall prevail over the directions issued
by the District Planning Committee.

(2) Any dispute between the Area Development Authority and the
Metropolitan Planning Committee or , the District Planning Committee,
as the case may be, shall be referred to the State Government whose
decision thereon shall be final.

(3) In the discharge of its duties, the Area Development Authority shall

be bound by the directions issued by the State Government.

42F.
shall be,—

(1) The powers and functions of an Area Development Authority

(i) to undertake the preparation and execution of town planning
schemes having regard to the draft development plan prepared by the
Metropolitan  Planning  Committee  or  the  District  Planning
Committee, as the case may be, under the provisions of this Act ;

(ii) to carry out surveys in the development area for the preparation

of town planning schemes ;

(iii) to control the development activities in accordance with the
development plan and town planning schemes in the development area
excluding the area under the jurisdiction of a local authority, which is
permitted to execute the functions of a Planning Authority, in the
manner provided for in Chapter IV ;

(iv) to levy and collect such scrutiny fees for scrutiny of proposals
submitted to the Area Development Authority for permission for
development in accordance with the regulations, made in that behalf ;

(v) to enter into contracts, agreements or arrangements, with any
person or organization as the Area Development Authority may deem
necessary for performing its functions ;

(vi) to acquire, hold, manage and dispose of property, movable or
immovable, as the Area Development Authority may deem necessary,
subject, however, to the rules or regulations, if any, made in that
behalf ;

(vii) to execute works in connection with supply of water, disposal

of sewerage and provision of other services and amenities ;

(viii) to levy and collect such fees, for the execution of work referred
to in clause (vii) and for provision of other services and amenities, as
may be specified by the regulations ;

H  4078—6a

36

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

(ix) to exercise such other powers and perform such other functions
as are supplemental, incidental or consequential to any of the forgoing
powers and functions or as may be directed by the State Government.

(2) The Area Development Authority shall be a Planning Authority
for the area under its jurisdiction excluding the area under jurisdiction
of a local authority under this Act which is permitted to execute the
functions of a Planning Authority.

(3) On the constitution or, as the case may be, appointment of an Area
Development  Authority for  any  development  area, the  following
consequences shall ensue, namely :—

(i) the authority or authorities functioning within the development
area immediately before such constitution or appointment shall cease
to exercise the powers and perform the functions and duties which
the Area Development Authority is competent to exercise and perform
under this Act ;

(ii) the provisions of Chapters VI-A, VIII and IX alongwith the First
and Second Schedule of this Act shall apply to the Area Development
Authority, as if it was a New Town Development Authority ;

(iii) the provisions  of section  21  shall  not  apply to  the  Area

Development Authority.

(4) The Area Development Authority, may, with the approval of the
State Government, delegate any of its powers and functions to any
authority or auhtorities functioning within its jurisdiction.

(5) The Area Development Authority, shall have its office at such place

as the State Government may, by order, specify.

42G.

(1) The  State Government shall, by  an order in  writing
determine the amount which an authority or authorities functioning in
the development area shall pay as contribution, either in one lump sum
or in instalments as may be specified in the order, towards the expenses
incurred by an Area Development Authority, in the discharge of its
functions.

(2) The authority, in respect of whom the order under sub-section (1)
has been issued by the State Government, shall not later than six months
from the receipt of the order under sub-section (1), pay to the Area
Development Authority, concerned, the amount of contribution specified
in the order in the manner indicated therein and if such authority fails
to so pay such amount, the State  Government shall,  on receipt  of
necessary intimation from the Area Development Authority, recover the
same from such authority, in the manner as the State Government may
decide and pay it to such Area Development Authority.].

Expenses  of
Area
Development
Authority.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

37

CHAPTER IV.

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

43. After the date on which the declaration of intention to prepare a
Development plan for any area is published in the Official Gazette
1[or after the date on which a notification specifying any undeveloped area
as a notified area, or any area designated as a site for a new town, is
published in the Official Gazette], no person shall institute or change the
use  of any land  or carry out  any development of land without the
permission in writting of the Planning Authority :

Restrictions
on  develop-
ment  of
land.

Provided that, no such permission shall be necessary—

(i) for carrying out works for the maintenance, improvement or
other alteration of any building, being works which affect only the
interior of the building or which do not materially affect the external
appearance thereof 2[except in case of heritage building or heritage
precinct;]

(ii) the carrying out of works in compliance with any order or
direction made by any authority under any law for the time being in
force ;

(iii) the carrying out of works by any authority in exercise of its

powers under any law for the time being in force :

(iv) for the carrying out by the Central or the State Government

or any local authority of any works—

(a) required for the maintenance or improvement of a highway,
road or public street, being works carried out on land within the
boundaries of such highway, road or public street ;

(b) for the purpose of inspecting, repairing or renewing any
drains, sewers, mains, pipes, cable, telephone or other apparatus
including the breaking open of any street or other land for that
purpose ;

(v) for the excavation (including wells) made in the ordinary course

of agricultural operation ;

(vi) for the construction of a road intended to give access to land

solely for agricultural purposes ;

(vii) for normal use of land which has been used temporarily for

other purposes;

(viii) in case of land, normally used for one purpose and occasionally
used for any other purpose, for the use of land for that other purpose
on occasions;

1 These words were inserted by Mah. 30 of 1972, s. 6.
2 These words were added by Mah. 39 of 1994, s. 11.

38

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

(ix) for use, for any purpose incidental to the use of a building for
human habitation of any other building or land attached to such
building.

Application
for  permis-
sion  for
development.

Grant  or
refusal  of
permission.

1

44.

[(1)] Except as otherwise provided by rules made in this behalf,
any person not being Central or State Government or local authority
intending to carry out any development on any land shall make an
application in writing to the Planning Authority for permission in such
form  and containing  such  particulars  and  accompanied  by  such
documents, as may be prescribed :

Mah.
XXX-
VIII
o f
1977.

2

[Provided that, save as otherwise provided in any law, or any rules,
regulations or by-laws made under any law for the time being in force,
no such permission shall be necessary for demolition of an existing
structure, erection  or building  or  part thereof,  in compliance  of a
statutory notice from a Planning Authority or a Housing and Area
Development Board, the Bombay Repairs and Reconstruction Board or
the Bombay Slum Improvement Board established under the Maharashtra
Housing and Area Development Act, 1976.]

1

[(2) Without prejudice to the provisions of sub-section (1) or any other
provisions of this Act, any person intending to execute a Special 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 a Special Township Project by
notification in the Official Gazette or, reject the application.]

45.

(1) On receipt of an application under section 44 the Planning
Authority may, subject to the provisions of this Act, by order in writing—

(i) grant the permission, unconditionally ;

(ii) grant  the permission,  subject  to  such general  or  special
conditions as it may impose with the previous approval of the State
Government ; or

(iii) refuse the permission.

(2) Any permission granted under sub-section (1) with or without
conditions shall be contained in a commencement certificate in the
prescribed form.

(3) Every order granting permission subject to conditions, or refusing
permission shall state the grounds for imposing such conditions or for
such refusal.

(4) Every order under sub-section (1) shall be communicated to the

applicant in the manner prescribed by regulations.

(5) If the Planning Authority does not communicate its decision
whether to grant or refuse permission to the applicant within sixty days

1

Section 44 was re-numbered as sub-section (1) thereof and after sub-section (1)

as so re-numbered, sub-section (2) was added by Mah. 22 of 2005, s. 4.

2 This proviso was added by Mah. 10 of 1994, s. 5.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

39

from the date of receipt of his application, or within sixty days from the
date of receipt of reply from the applicant in respect of any requisition
made by the Planning Authority, whichever is later, such permission shall
be deemed to have been granted to the applicant on the date immediately
following the date of expiry of sixty days :

1[Provided that, the development proposal, for which the permission
was applied for, is strictly in conformity with the requirements of all the
relevant Development Control Regulations framed under this Act or bye-
laws or regulations framed in this behalf under any law for the time being
in force and the same in no way violates either the provisions of any draft
or final plan or proposals published by means of notice, submitted for
sanction under this Act :

Provided further that, any development carried out in pursuance of
such deemed permission which is in contravention of the provisions of
the first proviso, shall be deemed to be an unauthorised development
for the purposes of sections 52 to 57.]

2[(6) The Planning Authority shall, within one month from the date
of issue of commencement certificate, forward duly authenticated copies
of such certificate and the sanctioned building or development plans to
the Collector concerned.]

46. The Planning Authority in considering application for permission
shall have due regard to the provisions of any draft or final plan 3[or
3
proposal] 4[published by means of notice]
[submitted] or sanctioned under
this Act.

47.

(1) Any app]icant aggrieved by an order granting permission on
conditions or refusing permission under section 45 may, within forty days
of the date of communication of the order to him, prefer an appeal to the
State Government or to an officer appointed by the State Government
in this behalf, being an officer not below the rank of a Deputy Secretary
to Government ; and such appeal shall be made in such manner and
accompained by such fees (if any) as may be prescribed.

(2) The State Government or the officer so appointed may, after giving
a reasonable opportunity to the appellant and the Planning Authority to
be heard, by order dismiss the appeal, or allow the appeal by granting
permission unconditionally or subject to the conditions as modified.

Provisions  of
Development
plan  to  be
considered
before
graning
permission.
Appeal.

48. Every permission for development granted or deemed to be
granted under section 45 or granted under section 47 shall remain in

Lapse  of
permission.

1 These proviso were added by Mah. 10 of 1994, s. 6(a).

2 Sub-section (6) was added, ibid., s. 6(b).

3 These words were inserted by Mah. 30 of 1972, s. 7.
4

These words were substituted for the words “published” by Mah. 6 of 1976, s. 18.

40

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

Obligation
to  acquire
land  on
refusal  of
permission
or  on  grant
of  permis-
sion  in
certain
cases.

force for a period of one year 1[form the date of receipt of such grant],
and thereafter it shall lapse :

Provided that, the Planning Authority may, on application made to it
extend such period from year to year ; but such extended period shall in
no case exceed three years :

2

[Provided further that, if the development is not completed upto plinth
level or where there is no plinth, upto upper level of basement or stilt,
as the case may be, within the period of one year or extended period,
under the first proviso, it shall be necessary for the applicant to make
application for fresh permission.]

49.

(1) Where—

(a) any land is designated by a plan as subject to compulsory

acquisition, or

(b) any land is allotted by a plan for the purpose of any functions of
a Government or local authority or statutory body, or is land designated
in such plan as a site proposed to be developed for the purposes of any
functions of any such Government, authority or body, or

(c) any land is indicated in any plan as land on which a highway is

proposed to be constructed or included, or

3

[(d) any land for the development of which permission is refused

or is granted subject to conditions,

and any owner of land referred to in clause (a), (b), (c) or (d) claims—

(i) that the land has become incapable of reasonably beneficial

use in its existing state, or

(ii) (where planning permission is given subject to conditions)
that the land cannot be rendered capable of reasonably beneficial
use by the carrying out of the permitted development in accordance
with the conditions ; or]

(e) the owner of the land because of its designation or allocation in
any plan claims that he is unable to sell it except at a lower price than
that at which he might reasonably have been excepted to sell if it were
not so designated or allocated,

the owner or person affected may serve on the State Government within such time
and in such manner, as is prescribed by regulations, a notice (hereinafter referred to

1

These words were substituted for the words “from the date of such grant” by Mah.

6 of 1976, s. 19.

2

This proviso was substituted for the second proviso by Mah. 16 of 2007, s. 3.

3 Clause (d) was substituted for the original by Mah. 14 of 1971, s. 4(1).

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

41

as  “ the  purchase  notice ”)  requiring  the  Appropriate  Authority  to
purchase  the  interest  in  the  land  in  accordance  with  the  provisions
of  this  Act.

(2) The  purchase  notice  shall  be  accompanied  by  a  copy  of  any
application  made  by  the  applicant  to  the  Planning  Aurhority,  and
of  any  order  or  decision  of  that  Authority  and  of  the  State  Govern-
ment,  if  any,  in  respect  of  which  the  notice  is  given.

(3) On  receipt  of  a  purchase  notice,  the  State  Government  shall
fortwith  call  from  the  Planning  Authority  and  the  Appropriate
Authority such report or records or both, as may be necessary, which
those  authorities  shall  forward  to  the  State  Government  as  soon  as
possible  but  not  later  than  thirty  days  from  the  date  of  their
requisition.

(4) On  receiving  such  records  or  reports,  if  the  State  Government
is satisfied that the conditions specified in sub-section (1) are fulfilled,
and  that  the  order  or  decision  for  permission  was  not  duly  made
on  the  ground  that  the  applicant  did  not  comply  with  any  of  the
provisions  of  this  Act  or  rules  or  regulations,  it  may  confirm  the
purchase notice, or direct that planning permission be granted without
condition or subject to such conditions as will make the land capable
of  reasonably  beneficial  use.  In  any  other  case,  it  may  refuse  to
confirm  the  purchase  notice,  but  in  that  case,  it  shall  give  the
applicant  a  reasonable  opportunity  of  being  heard.

(5) If  within  a  period  of  six  months  from  the  date  on  which  a
purchase  notice  is  served  the  State  Government  does  not  pass  any
final  order  thereon,  the  notice  shall  be  deemed  to  have  been
confirmed  at  the  expiration  of  that  period.

1*

*

*

*

*

*

*

2[(7) If within one year from the date of confirmation of the notice,
the Appropriate Authority fails to make an application to acquire the
land  in  respect  of  which  the  purchase  notice  has  been  confirmed  as
required  under  section  126,  the  reservation,  designation,  allotment,
indication or  restriction on  development of the  land shall  be deemed
to  have  lapsed ;  and  thereupon,  the  land  shall  be  deemed  to  be
released  from  the  reservation,  designation,  or,  as  the  case  may  be,
allotment, indication or restriction and shall become available to the
owner  for  the  prupose  of  development  otherwise  permissible  in  the
case  of  adjacent  land,  under  the  relevant  plan.]

50.

(1) The  Appropriate  Authority 3[(other  than  the Planning  Au-
thority)],  if  it  is  satisfied  that  the  land  is  not  or  no  longer  required
for the public purpose for which it is designated or reserved or allocated
in  the  interim  or  the  draft  Development  plan  or  plan  for  the  area  of
Comperhensive  development  or  the  final  Development  plan,  may
request—

1 Sub-section  (6)  was  deleted  by  Mah.  6  of  1976,  s.  20.
2 Sub-section  (7)  was  added  by  Mah.  14  of  1971,  s.  4(2).
3 The  brackets  and  words  were  inserted  by  Mah.  39  of  1994,  s.  12.

H  4078—7

Deletion  of
reservation
of  desig-
nated  land
for  interim
draft  of
final
Develop-
ment  plan.

42

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

(a) the  Planning  Authority  to  sanction  the  deletion  of  such
designation  or  reservation  or  allocation  from  the  interim  or  the
draft  Development  plan  or  plan  for  the  area  of  Comprehensive
development,  or

(b) the State Government to sanction the deletion of such designation

or  reservation  or  allocation  from  the  final  Development  plan.

(2) On receipt of such request from the Appropriate Authority, the
Planning  Authority,  or  as  the  case  may  be,  the  State  Government
may  make  an  order  sanctioning  the  deletion  of  such  designation  or
reservation  or  allocation  from  the  relevant  plan :

Provided  that,  the  Planning  Authority,  or  as  the  case  may  be,
the  State  Government  may,  before  making  any  order,  make  such
enquiry  as  it  may  consider  necessary  and  satisfy  itself  that  such
reservation  or  designation  or  allocation  is  no  longer  necessary  in
the  public  interest.

(3) Upon an order under sub-section (2) being made, the land shall
be  deemed  to  be  released  from  such  dsignation,  reservation,  or,  as
the case may be,  allocation and shall become available to the owner
for  the  purpose  of  development  as  otherwise  permissible  in  the  case
of  adjacent  land,  under  the  relevant  plan.

Power  of
revocation
and
modification
of  permis-
sion  to
develop-
ment.

51.

(1) If  it  appears  to  a  Planning  Authority  that  it  is  expedient,
having regard to the Development plan prepared or under preparation
that any permission to develop land granted 1[or deemed to be granted]
under  this  Act  or  any  other  law,  should  be  revoked  or  modified,  the
Planning  Authority  may,  after  giving  the  person  concerned  an
opportunity  of  being  heard  against  such  revocation  or  modification,
by  order,  revoke or  modify  the  permission  to  such extent  as  appears
to  it  to  be  necessary :

Provided  that—

(a) where  the  development  relates  to  the  carrying  out  of  any
building  or  other  operation,  no    such  order  shall  affect  such  of
the  operations  as  have  been  previously  carried  out ;  or  shall  be
passed after these operations have substantially progressed or have
been  completed ;

(b) where  the  development  relates  to  a  change  of  use  of  land,
no  such  order  shall  be  passed  at  any  time  after  the  change  has
taken  place.
(2) Where  permission  is  revoked  or  modified  by  an  order  made
under  sub-section  (1)  and  any  owner  claims  within  the  time  and  in
the  manner  prescribed,  compensation  for  the  expenditure  incurred
in  carrying out  the development  in accordance  with such  permission
which  has  been  rendered  abortive  by  the  revocation  or  modification,
the  Planning  Authority  shall,  after  giving  the  owner  reasonable
opportunity  of  being  heard  by  the  Town  Planning  Officer,  and  after
considering  his  report,  assess  and  offer,  subject  to  the  provisions  of
section  19,  such  compensation  to  the  owner  as  it  thinks  fit.

1 These  words  were  inserted  by  Mah.  10  of  1994,  s.  7.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966
(3) If the owner does not accept the compensation and gives notice,
within  such  time  as  may  be  prescribed,  of  his  refusal  to  accept,  the
Planning Authority shall refer the matter for the adjudication of the
court;  and  the  decision  of  the  court  shall  be  final  and  be  binding
on  the  owner  and  Planning  Authority.

43

UNAUTHORISED DEVELOPMENT.

52.

(1) Any  person  who,  whether  at  his  own  instance  or  at  the
instance  of  any  other  person  commences,  undertakes  or  carries  out
development  or  institutes,  or  changes  the  use  of  any  land—
(a) without  permission  required  under  this  Act ;  or
(b) which  is  not  in  accordance  with  any  permission  granted  or
in contravention of any condition subject to which such permission
has  been  granted ;

(c) after  the  permission  for  development  has  been  duly  revoked ;

or

Penalty  for
unauthoris-
ed  develop-
ment  or  for
use
otherwise
than  in
conformity
with
Develop-
ment  plan.

(d) in  contravention  of  any  permission  which  has  been  duly

modified,

shall,  on  conviction, 1[be  punished  with  imprisonment  for  a  term
2[which  shall  not  be  less  than  one  month  but  which  may  extend  to
three years and with fine which shall not be less than two thousand
rupees  but  which  may  extend  to  five  thousand  rupees,  and  in  the
case  of  a  continuing  offence  with  a  further  daily  fine  which  may
extend  to  two  hundred  rupees] ]  for  every  day  during  which  the
offence  continues  after  conviction  for  the  first  commission  of  the
offence.

(2) Any  person  who  continues  to  use  or  allows  the  use  of  any
land or building in contravention of the provisions of a Development
plan without being allowed to do so under section 45 or 47, or where
the  continuance  of  such  use  has  been  allowed  under  the  section
continues  such  use  after  the  period  for  which  the  use  has  been
allowed  or  without  complying  with  the  terms  and  conditions  under
which  the  continuance  of  such  use  is  allowed,  shall  on  conviction
be punished 3[with  fine  which may extend to  five thousand rupees];
and  in  the  case  of  a  continuing  offence,  with  a  further  fine  which
may  extend  to  one  hundred  rupees  for  every  day  during  which  such
offence  continues  after  conviction  for  the  first  commission  of  the
offence.

53.

(1) Where  any  development  of  land  has  been  carried  out  as
indicated in sub-section (1) of section 52, the Planning Authority may,
subject to the provisions of this section, 4*
* serve
on  the  owner  a  notice  requiring  him,  within  such  period,  being  not
less  than  one  month,  as  may  be  specified  therein  after  the  service
of  the  notice,  to  take  such  steps  as  may  be  specified  in  the  notice,

*

*

Power  to
require
removal  of
unauthorised
develop-
ment.

(a) in  cases  specified  in  clause  (a)  or  (c)  of  sub-section  (1)  of
section  52,  to  restore  the  land  to  its  condition  existing  before  the
said  development  took  place,
1 These  words  were  substituted  for  the  words  “be  punished  with  fine  which  may  extend

to  five  thousand  rupees,” by  Mah.  31  of  1983,  s.  3(a).

2 This  portion  was  substituted  for  the  portion  beginning  with  the  words  “which  may  extend
to  three  years”  and  ending  with  the  words  “one  hundred  rupees”  by  Mah.  10  of  1994,  s.  8.
3 These  words  were  substituted  for  the  words  “ with  fine  which  may  extend  to  five

thousand  rupees ”  by  Mah.  31  of  1983,  s.  3(b).

4 The  words  “within  seven  years  of  such  development,”  were  deleted  by  Mah.  39  of  1994,

s.  13.

H  4078—7a

44

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

(b) in  cases  specified  in  clause  (b)  or  (d)  of  sub-section  (1)  of
section  52,  to  secure  compliance  with  the  conditions  or  with  the
permission  as  modified :

Provided that, where the notice requires the discontinuance of any
use  of  land,  the  Planning  Authority  shall  serve  a  notice  on  the
occupier  also.

(2) In  particular,  such  notice  may,  for  purpose  of  sub-section  (1),

require—

(a) the  demolition  or  alteration  of  any  building  or  works ;

(b) the  carrying  out  on  land  of  any  building  or  other  operations ;

or

(c) the  discontinuance  of  any  use  of  land.

(3) Any  person  aggrieved  by  such  notice  may,  within  the  period
specified  in  the  notice  and  in  the  manner  prescribed,  apply  for
permission under section 44 for retention on the land of any building
or  works  or  for  the  continuance  of  any  use  of  the  land,  to  which
the notice relates, and pending the final determination or withdrawal
of the application, the mere notice itself shall not affect the retention
of  buildings  or  works  or  the  continuance  of  such  use.

(4) The  foregoing  provisions  of  this  Chapter  shall,  so  far  as  may
be  applicable,  apply  to  an  application  made  under  sub-section  (3).

(5) If  the  permission  applied  for  is  granted,  the  notice  shall  stand
withdrawn ; but if the permission applied for is not granted, the notice
shall  stand ;  or  if  such  permission  is  granted  for  the  retention  only
of  some  buildings,  or  works,  or  for  the  continuance  of  use  of  only
a  part  of  the  land,  the  notice  shall  stand  withdrawn  as  respects  such
buildings or works or such part of the land, but shall stand as respects
other  buildings  or  works  or  other  parts  of  the  land, as  the  case  may
be; and thereupon, the owner shall be required to take steps specified
in  the  notice  under  sub-section  (1)  as  respects  such  other  buildings,
works  or  part  of  the  land.

(6) If  within  the  period  specified  in  the  notice  or  within  the  same
period after the disposal of the application under sub-section (4), the
notice  or  so  much  of  it  as  stands  is  not  complied  with,  the  Planning
Authority  may—

(a) prosecute the owner for not complying with the notice ; and
where  the  notice  requires  the  discontinuance  of  any  use  of  land
any  other  person  also  who  uses  the  land  or  causes  or  permits
the  land  to  be  used  in  contravention  of  the  notice ;  and

(b) where  the  notice  requires  the  demolition  or  alteration  of
any  building  or  works  or  carrying  out  of  any  building  or  other
operations,  itself  cause  the  restoration  of  the  land  to  its  condition
before the development took place and secure compliance with the
conditions  of  the  permission  or  with  the  permission  as  modified

45

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966
by  taking  such  steps  as  the  Planning  Authority  may  consider
necessary  including  demolition  or  alteration  of  any  building  or
works  or  carrying  out  of  any  building  or  other  operations ;  and
recover  the  amount  of  any  expenses  incurred  by  it  in  this  behalf
from  the  owner  as  arrears  of  land  revenue.
(7) Any person prosecuted under clause (a) of sub-section (6) shall,
on  conviction, 1[be  punished  with  imprisonment  for  a  term 2[which
shall  not  be  less  than  one  month  but  which  may  extend  to  three
years and with fine which shall not be less than two thousand rupees
but  which  may  extend  to  five  thousand  rupees,  and  in  the  case  of
a  continuing  offence  with  a  further  daily  fine  which  may  extend  to
two hundred rupees] for every day during which such offence continues
after  conviction  for  the  first  commission  of  the  offence.]

54.

(1) Where any development of land as indicated in sub-section
(1)  of  section  52  is  being  carried  out  but  has  not  been  completed,
the  Planning  Authority  may  serve  on  the  owner  and  the  person
carrying  out  the  development  a  notice  requiring  the  development  of
land  to  be  discontinued  from  the  time  of  the  service  of  the  notice;
and  thereupon,  the    provisions  of  sub-sections  (3),  (4),  (5)  and  (6)
of  section  53  shall  so  far  as  may  be  applicable  apply  in  relation  to
such  notice,  as  they  apply  in  relation  to  notice  under  section  53.
(2) Any  person,  who  continues  to  carry  out  the  development  of
land,  whether  for  himself  or  on  behalf  of  the  owner  or  any  other
person,  after    such  notice  has  been  served  shall,  on  conviction, 3[be
punished  with  imprisonment  for  a  term  which  may  extend  to  three
years or with fine which may extend to five thousand rupees or with
both];  and  when  the  non-compliance  is  a  continuing  one,  with  a
further  fine  which  may  extend  to  one  hundred  rupees  for  every  day
after  the  date  of  the  service  of  the  notice  during  which  the  non-
compliance  has  continued  or  continues.

55.

(1) Notwithstanding  anything  hereinbefore  contained  in  this
Chapter,  where  any  person  has  carried  out  any  development  of  a
temporary  nature  unauthorisedly  as  indicated  in  sub-section  (1)  of
section 52, the Planning Authority may by an order in writing direct
that  person  to  remove  any  structure  or  work  erected,  or  discontinue
the use of land made, unauthorisedly as aforesaid, within fifteen days
of  the  receipt  of  the  order ;  and  if  thereafter,  the  person  does  not
comply with the order within the said period, the Planning Authority
may  request  the  District  Magistrate  or  the  Commissioner  of  Police,
as  the  case  may  be, 4[or  authorise  any  of  its  officers  or  servants,]
to  have  such  work  summarily  removed  or  such  use  summarily
discontiuned  without  any  notice  as  directed  in  the  order;  and  any
development  unauthorisedly  made  again,  shall  be  similarly  removed
or  discontinued  summarily  without  making  any  order  as  aforesaid.

Power  to
stop
unauthorised
develop-
ments.

Removal  or
discontinu-
ance  of  un-
authorised
temporary
develop-
ment
summarily.

1 These  words  were  substituted  for  the  words  “ be  punished  with  fine  which  may  extend

to  five  thousand  rupees ”  by  Mah.  31  of  1983,  s.  4(b).

2 This  portion  was  substituted  for  the  portion  beginning  with  the  words  “which  may
extend  to  three  days”  and  ending  with  the  words  “one  hundred  rupees”  by  Mah.  10
of  1994,  s.  9.

3 These  words  were  substituted  for  the  words  “be  punished  with  fine  which  may  extend

to  five  thousand  rupees”  by  Mah.  31  of  1983,  s.  5.

4 These  words  were  inserted ibid.,  s.  6.

46

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

(2) The decision of the Planning Authority on the question of what

is  development  of  a  temporary  nature  shall  be  final.

56.

(1) If  it  appears  to  a  Planning  Authority  that  it  is  expedient
in the interest of proper planning of its areas (including the interest
of  amenities)  having  regard  to  the  Development  plan  prepared,—

(a) that  any  use  of  land  should  be  discontinued,  or

(b) that  any  conditions  should  be  imposed  on  the  continuance

Power  to
require
removal  of
authorised
develop-
ment  or
use.

thereof,  or

(c) that  any  buildings  or  works  should  be  altered  or  removed,

the  Planning  Authority  may,  by  notice  served  on  the  owner,—

(i) require  the  discontinuance  of  that  use;  or

(ii) impose  such  conditions  as  may  be  specified  in  the  notice

on  the  continuance  thereof;  or

(iii) require  such  steps,  as  may  be  specified  in  the  notice  to
be  taken  for  the  alteration  or  removal  of  any  buildings  or  works,
as  the  case  may  be,

within such period, being not less than one month, as may be specified
therein,  after  the  service  of  the  notice.

(2) Any person aggrieved by such notice may, within the said period

and  in  the  manner  prescribed,  appeal  to  the  State  Government.

(3) On  receipt  of  an  appeal  under  sub-section  (2),  the  State
Government  or  any  other  person  appointed  by  it  in  this  behalf  may,
after giving a reasonable opportunity of being heard to the appellant
and  the  Planning  Authority,  dismiss  the  appeal  or  allow  the  appeal
by  quashing  or  varying  the  notice  as  it  may  think  fit.

(4) If  any  person,—

(i) who  has  suffered  damage  in  consequence  of  the  compliance
with  the  notice  by  the  depreciation  of  any  interest  in  the  land
to  which  he  is  entitled  or  by  being  disturbed  in  his  enjoyment
of  the  land  or  otherwise ;  or

(ii) who has carried out any works in compliance with the notice,

claims,  from  the  Planning  Authority,  within  the  time  and  in  the
manner  prescribed  compensation  in  respect  of  that  damage,  or  of
any  expenses  reasonably  incurred  by  him  for  complying  with  the
notice,  then  the  provisions  of  sub-sections  (2)  and  (3)  of  section  51
shall  apply  in  relation  to  such  claim  as  those  provisions  apply  to
claims  for  compensation  under  those  provisions.

(5) If  any  person  having  interest  in  land  in  respect  of  which  a
notice  is  issued  under  this  section  claims  that  by  the  reason  of  the
compliance with the notice, the land will become incapable of reasonably

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

47

beneficial  use,  he  may  within  the  period  specified  in  the  notice  or
within such period after the disposal of the appeal, if any, filed under
sub-section  (2)  and  in  the  manner  prescribed,  serve  on  the  State
Government  a  purchase  notice  requiring  his  interest  in  the  land  to
be  acquired ;  and  thereupon,  the  provisions  of  section  49  for  dealing
with a purchase notice shall, so far as can be made applicable, apply
as  they  apply  to  a  purchase  notice  under  that  section.

57. Any expenses incurred by a Planning Authority under sections
53,  54,  55  and  56  shall  be  a  sum  due  to  the  Planning  Authority
under  this  Act  from  the  person  in  default  or  the  owner  of  the  plot.

Recovery  of
expenses
incurred.

58.

(1) When  any  Government  intends  to  carry  out  development
of  any  land  for  the  purpose  of  any  of  its  departments  or  offices  or
authorities,  the  officer  incharge  thereof  shall  inform  in  writing  the
Planning Authority the intention of Government to do so, giving full
particulars  thereof,  and  accompanied  by  such  documents  and  plans
as  may  be  prescribed  at  least  thirty  days  before  undertaking  such
development.

Develop-
ment
undertaken
on  behalf
of  Govern-
ment.

(2) Where a Planning Authority raises any objection to the proposed
development on the ground that the development is not in conformity
with the provisions either of any Development plan under preparation
or  of  any  building  bye-laws  in  force  for  the  time  being,  or  for  any
other  material  consideration  the  officer  shall—

(i) either make necessary modifications in the proposals for development

to  meet the  objections  raised  by  the  Planning  Authority,  or

(ii) submit  the  proposals  for  development  together  with  the
objections raised by the Planning Authority to the State Government
for  decision.

(3) The  State  Government,  on  receipt  of  the  proposals  for
development  together  with  the  objections  of  the  Planning  Authority
shall,  in  consultation  with  the  Director  of  Town  Planning,  either
approve  the  proposals  with  or  without  modifications  or  direct  the
officer  to  make  such  modifications  in  the  proposals  as  it  considers
necessary  in  the  circumstances.

1[(3A) The development proposals approved by the State Government
under  sub-section  (3)  shall  remain  in  force  for  a  period  of  one  year
from the date of grant of such approval, and thereafter it shall lapse :
Provided that, the Officer in charge of the development may apply
under intimation to the Planning Authority to the State Government,
for  extension  of  such  period ;  and  thereupon  the  State  Government
may extend such period from year to year ; but such extended period
shall  in  no  case  exceed  three  years :

Provided  further  that,  such  lapse  shall  not  bar  any  subsequent
application  by  the  officer  in  charge  of  the  development,  for  fresh
approval  to  the  development  under  the  preceding  sub-sections.]

(4) The provisions of sections 44, 45 2[and 47 shall not, and section
46 shall, mutatis  mutandis and  section 48  shall, as  modified by  sub-
section  (3A),]  apply  to  development  carried  out  under  this  section.
1 Sub-section  (3A)  was  inserted  by  Mah.  39  of  1994,  s,  14(a).
2 These words, figures and brackets were substituted for the figures and words
“46,  47  and  48  shall  not”, ibid., s.  14(b).

48

Maharashtra Regional and Town
Planning  Act, 1966

CHAPTER  V.

TOWN PLANNING SCHEMES.

(a)  Making  of  town  planning  schemes.

[1966 : Mah. XXXVII

Preparation
and
contents  of
town
planning
scheme.

59.

1[(1)] Subject  to  the  provisions  of  this  Act  or  any  other  law

for  the  time  being  in  force—

(a) a  Planning  Authority  may  for  the  purpose  of  implementing
the  proposals  in  the  final Development  plan,  prepare  one  or  more
town planning schemes for the area  within its jurisdiction, or any
part  thereof ;

(b) a  town planning  scheme  may make  provision  for  any of  the

following  matters,  that  is  to  say—

(i) any  of  the  matters  specified  in  section  22 ;

(ii) the  laying  out  or  re-laying  out  of  land,  either  vacant  or
already built upon, including areas of comprehensive development ;

(iii) the suspension, as far as may be necessary for the proper
carrying  out  of  the  scheme,  of  any  rule,  bye-law,  regulation,
notification or order made or issued under any law for the time
being  in  force  which  the  Legislature  of  the  State  is  competent
to  make ;

(iv) such other matter not inconsistent with the object of this

Act,  as  may  be  directed  by  the  State  Government.

2[(2) In  making  provisions  in  a  draft  town  planning  scheme  for
any  of  the  matters  referred  to  in  clause  (b)  of  sub-section  (1),  it
shall  be  lawful  for  a  Planning  Authority  with  the  approval  of  the
Director of Town Planning and subject to the provisions of section
68  to  provide  for  suitable  amendment  of  the  Development  plan.]

60.

(1) A Planning Authority may by resolution declare its intention
to  make  a  town  planning  scheme  in  respect  of  any  part  of  the  area
within  its  jurisdiction.

(2) Not  later  than  thirty  days  from  the  date  of  such  declaration
of  intention  to  make  a  scheme  (hereinafter  referred  to  as  the
declaration),  the  Planning  Authority  shall  publish  the  declaration  in
the Official Gazette, and in such other manner as may be prescribed
and despatch a copy thereof (together with a copy of the plan showing
the  area  to  be  included  in  the  scheme)  to  the  State  Government
and  also  to  the  Director  of  Town  Planning.

(3) A copy  of the plan shall be open to the inspection of the public
at  all  reasonable  hours  at  the head  office  of  the  Planning  Authority.

1 Section  59  was  renumbered  as  sub-section  (1)  by  Mah.  6  of  1976,  s.  21.
2 Sub-section  (2)  was    inserted, ibid.,  s.  21.

Power  of
Planning
Authority
to  resolve
on  declara-
tion  of
intention  to
make
scheme.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

61.

(1) Not  later  than  twelve  months  from  the  date  of  the
declaration, subject, however, to sub-section (3), the Planning Authority
shall,  in    consultation  with  the  Director  of  Town  Planning,  make
a  draft  scheme  for  the  area  in  respect  of  which  the  declaration  was
made, 1[and publish a notice in the Official Gazette, and in such other
manner as may be prescribed stating that the draft scheme in respect
of  such  area  has  been  made.  The  notice  shall  state  the  name  of
the  place  where  a  copy  thereof  shall  be  available  for  inspection  by
the  public  and  shall  also  state  that  copies  thereof  or  any  extract
therefrom  certified  to  be  correct  shall  be  available  for  sale  to  the
public  at  a  reasonable  price.]

(2) If  the  Planning  Authority  fails  to 2[make  a  draft  scheme  and
publish  a  notice  regarding  its  making]  within  the  period  specified
in  sub-section  (1)  or  within  the  period  extended  under  sub-section
(3), the declaration shall lapse, unless the State Government appoints
an  Officer  to  prepare 3 *** and submit the draft scheme to the State
Government on behalf of the Planning Authority not later than twelve
months  from  the  date  of  such  appointment  or  the  extended  period
under sub-section (3); but any such lapse of declaration shall not debar
the  Planning  Authority  from  making  a  fresh  declaration  any  time
in  respect  of  the  same  area.

(3) The State Government may, on application made by the Planning
Authority  or,  as  the  case  may  be,  the  officer,  from  time  to  time
by  notification  in  the Official  Gazette,  extend  the  period  specified  in
sub-section  (1)  or  (2)  by  such  period  not  exceeding  six  months  as
may  be  specified  in  the  notification.

62.

If at any time before a draft scheme is prepared and submitted
to the State Government for sanction, the Planning Authority or the
officer  is  of  the  opinion,  or  on  any  representation  made  to  it  or  him
that  an  additional  area  be  included  within  the  said  scheme,  the
Planning  Authority  or  the  officer  may,  after  informing  the  State
Government  and  giving  notice  in  the Official  Gazette,  and  also  in
one  or  more  local  newspapers,  include  such  additional  area  in  the
scheme;  and  thereupon,  all  the  provisions  of  sections  59,  60  and  61
shall  apply  in  relation  to  such  additional  area  as  they  apply  to  any
original  area  of  the  scheme  and  the  draft  scheme  shall  be  prepared
for  the  original  area  and  such  additional  area  and  submitted  to  the
State  Government  for  sanction.

49

Making  and
publication
of  draft
scheme 4[by
means  of
notice].

Inclusion  of
additional
area  in
draft
scheme.

1 This  portion  was  substituted  for  the  portion  beginning  with  “and  publish”  and  ending

with  “for  sanction”,  by  Mah.  6  of  1976, s.  22(1).

2 These  words  were  substituted  for  the  words  “make  and  publish  such  draft  scheme”, ibid.,

s.  22  (2)(a).

3 The  word  “,  publish”  was  deleted,
4 These  words  were  added, ibid.,  s.  22(3).

ibid.,  s.  22(2)(b).

H  4078—8

50

Power  of
State
Govern-
ment  to
require
Planning
Authority
to  make
scheme.

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

63.

(1) Notwithstanding  anything contained in this Act, the State
Government may, in respect of any Planning Authority after making
such  inquiry  as  it  deems  necessary,  direct  that  Authority  to  make
1*
*  and  submit  for  its  sanction,  a  draft  scheme
in  respect  of  any  land  in  regard  to  which  a  town  planning  scheme
may  be  made 2[after  a  notice  regarding  its  making  has  been  duly
published  in  the  prescribed  manner.]

*

*

(2) If  the  Planning  Authority  fails  to  make  the  declaration  of
intention  to  make  a  scheme  within  three  months  from  the  date  of
direction  made  under  sub-section  (1),  the  State  Government  may  by
notification  in  the Official  Gazette, appoint  an  officer  to  make
3*
and  submit  the  draft  scheme  for  the  land  to  the  State
Government 4[after  a  notice  regarding  its  making  has  been  duly
published  as  aforesaid]  and  thereupon  the  provisions  of  sections  60,
61  and  62  shall,  as  far  as  may  be  applicable,  apply  to  the  making
of  such  a  scheme.

*

Contents  of
draft
scheme.

64. A  draft  scheme  shall  contain  the  following  particulars  so  far

as  may  be  necessary,  that  is  to  say,—

(a) the  ownership,  area  and  tenure  of  each  original  plot ;

(b) reservation,  acquisition  or  allotment  of  land  required  under
sub-clause  (i)  of  clause  (b)  of  section  59  with  a  general  indication
of  the  uses  to  which  such  land  is  to  be  put  and  the  terms  and
conditions  subject  to  which,  such  land  is  to  be  put  to  such  uses ;

(c) the  extent  to  which  it  is  proposed  to  alter  the  boundaries

of  the  original  plots  by  reconstitution ;

(d) an  estimate  of  the  total  cost  of  the  scheme  and  the  net

cost  to  be  borne  by  the  Planning  Authority ;

(e) a full description of all the details of the scheme with respect
to  such  matters  referred  to  in  clause  (b)  of  section  59  as  may
be  applicable ;

(f) the laying out or re-laying out of land either vacant or already

built  upon  including  areas  of  comprehensive  development ;

(g) the filling up or reclamation of low lying swamp or unhealthy

areas  or  levelling  up  of  land ;

(h) any  other  prescribed  particulars.

Reconsti-
tuted  plot.

65.

(1) In  the  draft  scheme,  the  size  and  shape  of  every
reconstituted  plot  shall  be  determined,  so  far  as  may  be,  to  render
it  suitable  for  building  purposes,  and  where  a  plot  is  already  built
upon,  to  ensure  that  the  buildings  as  far  as  possible  comply  with
the  provisions  of  the  scheme  as  regards  open  spaces.

1 The  words  “and  publish  in  the  prescribed  manner”  were  deleted  by  Mah.  6  of  1976,

s.  23(a).

2 These  words  were  added, ibid.
3 The  words  “and  publish”  were  deleted,
4 These  words  were  inserted, ibid., s.  23(b).

ibid.,  s.  23(b).

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966
(2) For the purpose of sub-section (1), a draft scheme may contain

51

proposals—

(a) to  form  a  final  plot  by  reconstitution  of  an  original  plot  by
alteration  of  the  boundaries  of  the  original  plot,  if  necessary ;

(b) to  form  a  final  plot  from  an  original  plot  by  the  transfer

wholly  or  partly  of  the  adjoining  lands ;

(c) to provide, with the consent of the owners, that two or more
original  plots  each  of  which  is  held  in  ownership  in  severally  or
in  joint  ownership  shall  hereafter,  with  or  without  alteration  of
boundaries  be  held  in  ownership  in  common  as  a  final  plot ;

(d) to  allot  a  final  plot  to  any  owner  dispossessed  of  land  in

furtherance  of  the  scheme;  and

(e) to transfer the ownership of an original plot from one person

to  another.

66. Where  under  sub-clause  (i)  of  clause  (b)  of  section  59  the
purposes  to  which  the  buildings  or  areas  may  not  be  appropriated
or used in pursuance of clause (m) of section 22 have been specified,
then  the  building  or  area  shall  cease  to  be  used  for  a  purpose  other
than  the  purposes  specified  in  the  scheme  within  such  time  as  may
be  specified  in  the  final  scheme;  and  the  person  affected  by  this
provision  shall  be  entitled  to  such  compensation,  from  the  Planning
Authority  as  may  be  determined  by  the  Arbitrator :

Provided  that,  in  ascertaining  whether  compensation  be  paid,  the
time  within  which  the  person  affected  was  permitted  to  change  the
user  shall  be  taken  into  consideration.

67.

If within thirty days from the date of the 1[publication of notice
regarding  the  preparation  of  the  draft  scheme],  any  person  affected
thereby  communicates  in  writing  any  objection  relating  to  such
scheme,  the  Planning  Authority,  or  the  officer  appointed  under  sub-
section  (2)  of  section  61  or  section  63  shall  consider  such  objection
and  may,  at  any  time  before  submitting  the  draft  scheme  to  the
State  Government  as  hereinafter  provided,  modify  such  scheme  as
it  or  he  thinks  fit.

Compensa-
tion  for
discontinu-
ance  of
use.

Objections
to  draft
scheme  to
be  consid-
ered.

68.

(1) The Planning Authority or, as the case may be, the officer
aforesaid  shall,  not  later  than  six  months 2[from  the  date  of  the
publication of the notice in the Official Gazette, regarding the making
of  the  draft  scheme],  submit  the  same  with  any  modifications  which
it  or  he  may  have  made  therein  together  with  a  copy  of  objections
received  by  it  or  him  to  the  State  Government,  and  shall  at  the
same  time  apply  for  its  sanction.

Power  of
State
Govern-
ment  to
sanction
draft
scheme.

(2) On  receiving  such  application,  after  making  such  inquiry  as
it  may  think  fit  and  consulting  the  Director  of  Town  Planning,  the
State  Government  may,  not  later  than  six  months  from  the  date

1 These  words  were  substituted  for  the  words  “publication  of  a  draft  scheme”  by  Mah.

6  of  1976,  s.  24.

2 These  words  were  substituted  for  the  words  “from  the  date  of  the  publication  of  the

draft  scheme  in  the Official  Gazette,” ibid., s.  25(1).

H  4078—8a

52

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

Restrictions
on  use  and
develop-
ment  of
land  after
declaration
for  town
planning
scheme.

of  its  submission,  by  notification  in  the Official  Gazette, or  not  later
than  such  further  time  as the  State  Government  may  extend,  either
sanction such draft scheme with or without modifications and subject
to  such  conditions  as  it  may  think  fit  to  impose  or  refuse  to  give
sanction.

(3) If  the  State  Government  sanctions  such  scheme,  it  shall  in
such notification state at what place and time the draft scheme shall
be  open  to  the  inspection  of  the  public 1[and  the  State  Government
shall  also  state  therein  that  copies  of  the  scheme  or  any  extract
therefrom  certified  to  be  correct shall  on  application  be  available  for
sale  to  public  at  a  reasonable  price.]

69.

(1) On  or  after  the  date  on  which  a  declaration  of  intention

to  make  a  scheme  is  published  in  the Official  Gazette—

(a) no  person  shall  within  the  area  included  in  the  scheme,
institute  or  change  the  use  of  any  land  or  building  or  carry  out
any development, unless such person has applied for and obtained
the  necessary  permission  which  shall  be  contained  in  a
commencement    certificate  granted  by  the  Planning  Authority  in
the  prescribed  form ;

(b) the  Planning  Authority  on  receipt  of  such  application  shall
at  once  furnish  the  applicant  with  a  written  acknowledgment  of
its  receipt,  and

(i) in the case of a Planning Authority other than a municipal
corporation,  after  inquiry  and  where  an  Arbitrator  has  been
appointed  in  respect  of  a  draft  scheme  after  obtaining  his
approval;  or

(ii) in  the  case  of  a  municipal  corporation,  after  inquiry,
may  either  grant  or  refuse  such  certificate,  or  grant  it  subject
to  such  conditions  as  the  Planning  Authority  may,  with  the
previous approval of the State Government thinks fit to impose.

(2) If  a  municipal  corporation  gives  permission  under  clause  (b)
of sub-section (1), it shall inform the Arbitrator accordingly, and shall
send  him  a  copy  of  the  plan :

Provided  that,  a  municipal  corporation  shall  not  grant  a
commencement  certificate  for  any  purpose  which  is  in  conflict  with
the provisions of the draft scheme, unless the corporation first obtains
concurrence of the Arbitrator for the necessary change in the proposal
of  the  draft  scheme.

(3) If  a  Planning  Authority  communicates  no  decision  to  the
applicant within two months from the date of such acknowledgment,
the  applicant  shall  be  deemed to  have  been  granted  such  certificate.
(4) If  any  person  contravenes  the  provisions  contained  in  clause
(a) or clause (b) of sub-section (1), the Planning Authority may direct
such person by notice in writing to stop any development in progress,
and  after  making  inquiry  in  the  prescribed  manner,  remove,  pull

1 This  portion  was  added  by  Mah.  6  of  1976,  s.  25(2).

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

53

down  or  alter  any  building  or other  development  or  restore  the  land
in  respect  of  which  such  contravention  is  made  to  its  original
condition.

(5) Any  expense  incurred  by  the  Planning  Authority  under  sub-
section  (4)  shall  be  a  sum  due  to  the  Planning  Authority  under  this
Act  from  the  person  in  default  or  the  owner  of  the  plot.

1[(6) The  provisions  of  Chapter  IV  shall, mutatis  mutandis  apply
in  relation  to  the  development  and  use  of  land  included  in  a  town
planning  scheme  in  so  far  as  they  are  not  inconsistent  with  the
provisions  of  the  Chapter.]

(7) The  restrictions  imposed  by  this  section  shall  cease  to  operate
in  the  event  of  the  State  Government  refusing  to  sanction  the  draft
scheme  or  the  final  scheme  or  in  the  event  of  the  withdrawal  of
the scheme under section 87 or in the event of the declaration lapsing
under  sub-section  (2)  of  section  61.

70.

(1) Where  a  Planning  Authority  has  published  a  declaration
under  section  61  the  State  Government  may,  on  an  application  of
the  Planning  Authority  by  order  published  in  the Official  Gazette,
suspend  to  such  extent  only  as  may  be  necessary  for  the  proper
carrying out of the scheme any rule, bye law, regulation, notification
or  order  made  or  issued  under  any  law  which  the  Legislature  of
the  State  is  competent  to  amend.

Power  of
State
Govern-
ment  to
suspend
rule,  bye-
law,  etc.

Disputed
ownership.

(2) Any  order  issued  under  sub-section  (1)  shall  cease  to  operate
in  the  event  of  the  State  Government  refusing  to  sanction  the
scheme, or in the event of the withdrawal of the scheme under section
87  or  in  the  event  of  the  coming  into  force  of  the  final  scheme  or
in  the  event  of  the  declaration  lapsing  under  sub-section  (2)  of
section  61.

71.

(1) Where  there  is  a  disputed  claim  as  to  the  ownership  of
any piece of land included in an area in respect of which a declaration
of  intention  to  make  a  town  planning  scheme  has  been  made  and
any  entry  in  the  record  of  rights  or  mutation  register  relevant  to
such  disputed  claim  is  inaccurate  or  inconclusive,  an  inquiry  may
be  held  on  an  application  being  made  by  the  Planning  Authority  or
the  Arbitrator  at  any  time  prior  to  the  date  on  which  the  arbitrator
draws  up  the  final  scheme  under  clause  (xviii)  of  sub-section  (3)  of
section  72  by  such  officer  as  the  State  Government  may  appoint  for
the  purpose  of  deciding  who  shall  be  deemed  to  be  owner  for  the
purposes  of  this  Act.

(2) Such  decision  shall  not  be  subject  to  appeal  but  it  shall  not

operate  as  a  bar  to  a  regular  suit.

(3) Such decision shall, in the event of a civil court passing a decree
which  is  inconsistent  therewith,  be  corrected,  modified  or  rescinded
in  accordance  with  such  decree  as  soon  as  practicable  after  such

1 Sub-section  (6)  was  substituted  for  the  original  by  Mah.  6  of  1976,  s.  26.

54

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

Arbitrator ;
his  powers
and  duties.

decree  has  been  brought  to  the  notice  of  the  Planning  Authority
either  by  the  Civil  Court  or by  some  person  affected  by  such  decree.

(4) Where  such  a  decree  of  the  civil  court  is  passed  after  final
scheme  has  been  sanctioned  by  the  State  Government  under  section
86,  such  final  scheme  shall  be  deemed  to  have  been  suitably  varied
by  reason  of  such  decree.

(b) The  Arbitrator  and  the  Tribunal  of  appeal.

72.

(1) Within  one  month  from  the  date  on  which  the  sanction
of  the  State  Government  to  the  draft  scheme  is  published  in  the
Official  Gazette,  the  State  Government  shall  for  purposes  of  one  or
more planning schemes received by it for sanction appoint any person
possessing such qualifications as may be prescribed to be an Arbitrator
with  sufficient  establishment  and  his  duties  shall  be  as  hereinafter
provided.

(2) The State Government may, if it thinks fit at any time, remove
for incompetence or misconduct or replace for any good and sufficient
reason an Arbitrator appointed under this section and shall forthwith
appoint another person to take his place and any proceeding pending
before  the  Arbitrator  immediately  before  the  date  of  his  removal  or
replacement shall be continued and disposed of by the new Arbitrator
appointed  in  his  place.

(3) In  accordance  with  the  prescribed  procedure,  every  Arbitrator

shall,—

(i) after  notice  given  by  him  in  the  prescribed  manner  define,
demarcate  and  decide  the  areas  allotted  to,  or  reserved,  for  the
public  purpose  or  purposes  of  the  Planning  Authority,  and  also
the  final  plots ;

(ii) after  notice  given  by  him  in  the  prescribed  manner,  decide
the  person  or persons  to  whom  a final  plot  is  to be  allotted;  when
such  plot  is  to  be  allotted;  and  when  such  plot  is  to  be  allotted
to  persons  in  ownership  in  common,  decide  the  shares  of  such
person ;

(iii) estimate  the  value  of  and  fix  the  difference  between  the
values of the original plots and the values of the final plots included
in  the  final  scheme,  in  accordance  with  the  provisions  contained
in  clause  ( f )  of  sub-section  (1)  of  section  97;

(iv) estimate  the  compensation  payable  for  the  loss  of  the  area
of  the  original  plot  in  accordance  with  the  provisions  contained
in    clause  ( f )  of  sub-section  (1)  of  section  97 in  respect  of  any
original  plot  which  is  wholly  acquired  under  the  scheme ;

(v) determine  whether  the  areas  allotted  or  reserved  for  the
public purpose or purposes of the Planning Authority are beneficial
wholly  or  partly  to  the  owners  or  residents  within  the  area  of
the  scheme ;

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

55

(vi) estimate the proportion of the sums payable as compensation
of  each  plot  used,  allotted  or  reserved  for  the  public  purpose  or
purposes  of  the  Planning  Authority  which  is  beneficial  partly  to
the  owners  or  residents  within  the  area  of  the  scheme  and  partly
to  the  general  public,  which  shall  be  included  in  the  cost  of  the
scheme;

(vii) determine  the  proportion  of  contribution  to  be  levied  on
each plot used, allotted or reserved for a public purpose or purposes
of the Planning Authority which is beneficial partly to the owners
or residents within the area of the scheme and partly to the general
public ;

(viii) determine  the  amount  of  exemption,  if  any,  from  the
payment  of  the  contribution  that  may  be  granted  in  respect  of
plots  or  portions  thereof  exclusively  used  or  occupied  for  religious
or  charitable  purposes  at  the  date  on  which  the  final  scheme  is
drawn  up  under  clause  (xviii)  of  this  sub-section ;

(ix) estimate the value of final plots included in the final scheme
and the increment to accrue in respect of such plots in accordance
with  the  provisions  of  section  98 ;

(x) calculate  the  proportion  in  which  the  increment  in  respect
of  the  final  plots  included  in  the  final  scheme  shall  be  liable  to
contribution  to  the  cost  of  the  scheme  in  accordance  with  the
provisions  contained  in  section  97 ;

(xi) calculate  the  contribution  to  be  levied  on  each  final  plot

included    in  the  final  scheme ;

(xii) determine  the  amount  to  be  deducted  from  or  added  to,
as  the  case  may  be,  the  contribution  leviable  from  a  person  in
accordance  with  the  provisions  contained  in  section  100 ;

(xiii) provide  for  the  total  or  partial  transfer  of  any  right  in
an  original  plot  to  a  final  plot  or  provide  for  the  extinction  of
any  right  in  an  original  plot  in  accordance  with  the  provisions
contained  in  section  101 ;

(xiv) estimate  the  amount  of  compensation  payable  under

section  66 ;

(xv) where  a  plot  is  subject  to  a  mortgage  with  possession  or
a  lease,  decide  the  proportion  of  compensation  payable  to  or
contribution  payable  by  the  mortgagee  or  lessee  on  one  hand  and
the  mortgagor  or  lessor  on  the  other ;

(xvi) estimate in reference to claims made before him, after the
notice  given  by  him  in  the  prescribed  manner,  the  compensation
to be paid to the owner of any property or right injuriously affected
by  the  making  of  a  town  planning  scheme  in  accordance  with  the
provisions  contained  in  section  102 ;

56

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

(xvii) determine  the  period  in  which  the  works  provided  in  the

scheme  shall  be  completed  by  the  Planning  Authority ;

(xviii) draw in the prescribed form the final scheme in accordance

with  the  draft  scheme :

Provided  that—

(a) he  may  make  variations  from  the  draft  scheme ;

(b) he may with the previous sanction of the State Government
after  hearing  the  Planning  Authority  and  any  owners  who  may
raise  objections  make  substantial  variations  in  the  draft  scheme.

Explanation.—For  the  purpose  of  sub-clause  (b)  of  this  proviso,
“substantial  variation”  means  increase  in  the  total  cost  of  the  draft
scheme  by  more  than  20  per  cent.  or  two  lacs  of  rupees  whichever
is higher, on account of the provision of new works or the reservation
of  additional  sites  for  public  purposes  included  in  the  final  scheme
drawn  up  by  the  Arbitrator.

(4) The Arbitrator shall decide all matters referred to in sub-section
(3) within a period of twelve months from the date of his appointment ;
and  in  the  case  of  an  Arbitrator  appointed  under  the  Bombay  Town
Planning  Act,  1915  or  a  Town  Planning  Officer  appointed  under  the
Bombay  Town  Planning  Act,  1954  (whose  appointment  is  continued
under  section  165),  within  a  period  of  twelve  months  from  the  date
of  commencement  of  this  Act :

Bom.
I  of
1915.
Bom.
XXVII
o f
1955.

Certain
decisions of
Arbitrator
to  be  final.

Appeal.

Provided that, the State Government may, if it thinks fit, whether
the  said  period  has  expired  or  not,  and  whether  all  the  matters
referred  to  in  sub-section  (3)  have  been  decided  or  not,  extend  from
time  to  time  by  a  notification  in  the Official  Gazette the  period  for
deciding  all  the  matters  referred  to  in  that  sub-section  (3)  or  any
extended  period  therefor.

73. Except  in  matters  arising  out  of  clauses  (iv)  to  (xi),  both
inclusive, and clauses (xiv), (xv) and (xvi) of sub-section (3) of section
72, every decision of the Arbitrator shall be final and conclusive and
binding  on  all  parties  including  the  Planning  Authority.

74.

(1) Any  decision  of  the  Arbitrator  under  clauses  (iv)  to  (xi)
(both  inclusive)  and  clauses  (xiv),  (xv)  and  (xvi)  of  sub-section  (3)  of
section  72  shall  be  forthwith  communicated  to  the  party  concerned
including  the  Planning  Authority;  and  any  party  aggrieved  by  such
decision  may,  within  two  months  from  the  date  of  communication
of  the  decision,  apply  to  the  Arbitrator  to  make  a  reference  to  the
Tribunal  of  Appeal    for  decision  of  the  appeal.

(2) The provisions of sections 5, 12 and 14 of the Indian Limitation

Act,  1963  shall  apply  to  appeals  submitted  under  this  section.

36  of
1963.

57

Constitu-
tion  of
Tribunal  of
Appeal.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

75.

(1) The Tribunal  of  Appeal  shall  consist  of  a  President  and

two  Assessors.

(2)  The  President  shall—
(a) in Greater Bombay, be the Principal Judge of the Bombay City
Civil Court or such other Judge of the said Court as may be appointed
by  the  State  Government  on  the  recommendation  of  the  Principal
Judge;  and

(b) elsewhere, be the District Judge or the Civil Judge of the Senior
Division  as  may  be  appointed  by  the  State  Government  on  the
recommendation  of  the  District  Judge :

Provided that,  the State  Government may, if  it thinks  fit, appoint
as President any person who has held the post (i) in Greater Bombay
of    a  Judge  of  the  High  Court  or  of  the  Bombay  City  Civil  Court,
and  (ii)  elsewhere  of  a  Judge  of  the  District  Court.

(3) The President shall appoint fit and proper persons as Assessors,
who  shall  as  far  as  possible  have  knowledge,  or  experience  of  town
planning,  valuation  of  land  or  civil  engineering.

(4) The  President  and  the  Assessors  shall  be  appointed  members
of  the  Tribunal  of  Appeal  for  such  period  as  may  be  required  by
such  Tribunal  to  decide  an  appeal  made  against  the  decision  under
clauses  (iv)  to  (xi)  (both  inclusive),  and  clauses  (xi),  (xv)  and  (xvi)
of  the  sub-section  (3)  of  section  72.

(5) The  State  Government  may,  if  it  thinks  fit,  remove  for
incompetence  or  misconduct  or  any  other  good  and  sufficient  reason
any  Assessor  appointed  under  sub-section  (3).

(6) If  any  Assessor  is  removed  or  dies  or  refuses  or  neglects  to
act  or  becomes  incapable  of  acting,  the  President  shall  appoint
forthwith a  fit and  proper person to  take the  place of  such Assessor.

76.

(1) The Arbitrator shall  be present at the  proceedings before
the  Tribunal  of  Appeal.  He  shall  not  be  required  to  give  evidence
in  such  proceedings  but  the  President may  require  him  to  assist  the
Tribunal  in  an  advisory  capacity.

(2) Where the Arbitrator is required under sub-section (1) to assist
the  Tribunal  of  Appeal,  he  shall,  save  where  he  is  a  salaried  officer
of  Government,  be  entitled  to  such  fees  as  the  State  Government
may  from  time  to  time  determine.

Arbitrator
to  assist
Tribunal  in
advisory
capacity
and  his
remunera-
tion.

77. The  Tribunal  of  Appeal  may  sit  either  at  the  headquarters
of  the  President  or  at  any  other  place  within  the  local  limits  of  his
jurisdiction which he may deem convenient for the consideration and
decision  of  any  matter  before  such  Tribunal.

Place
where
Tribunal
may  sit.

78. All  questions  of  law  and  procedure  shall  be  decided  by  the
President.  All  other  questions  shall  be  decided  by  the  President  and
the  two  Assessors  or  by  a  majority.

H  4078—9

Decision  of
quesiton  of
law  and
other
questions.

58

Powers  of
Tribunal  to
decide
matter
finally.

Tribunal
not  to  be
Court.
Remunera-
tion  of
Arbitrator
and
Accessors
and
payment  of
incidental
expenses  of
Tribunal.

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

79.

(1) The  Tribunal  of  Appeal  shall,  after  making  such  inquiry
as  it  may  think  fit,  decide  all  matters  arising  out  of  clauses  (iv)  to
(xi) (both inclusive) and clauses (xiv), (xv) and (xvi) only of sub-section
(3)  of  section  72  in  respect  of  appeals  referred  to  the  Tribunal:  and
may  either  confirm  the  proposals  of  the  Arbitrator  or  direct  him
where  necessary  to  reconsider,  vary  or  modify  his  proposals  only  in
respect  of  such  matters  aforesaid.

(2) Every  decision  of  the  Tribunal  of  Appeal  shall  be  final  and
conclusive  and  binding  on  all  persons  and  parties  including  the
Planning  Authorities.

80. Nothing  contained    in  this  Act  shall  be  deemed  to  constitute

the  Tribunal  of  Appeal  to  be  a  Court.

81.

(1) The  President  and  the  Assessors  shall,  save  where  they
are  salaried  Government  Officers,  be  entitled  to  such  remuneration,
either  by  way  of  monthly  salary  or  by  way  of  fees  or  partly  in  one
way  and  partly  in  the  other,  as  the  State  Government  may,  from
time  to  time,  decide :

Provided  that,  in  exceptional  cases  where  the  scheme  is  a  large
one  or  the  work  involved  is  complicated,  the  State  Government  may
authorise  the  President  and  the  Assessors,  even  if  they  are  salaried
Government  Officers  to  receive  such  special  salary  or  remuneration,
as  the  State  Government  may  by  order,  decide  from  time  to  time.

(2) The  salary  of  the  President  of  the  Tribunal  of  Appeal  or  an
Assessor who is a salaried Government Officer, and any remuneration
payable  under  sub-section  (1)  of  this  section  and  fees  payable  to  an
Arbitrator under sub-section (2) of section 76 and all expenses incidental
to  the  working  of  the  Tribunal  of  Appeal  shall,  unless  the  State
Government  otherwise  determines,  be  defrayed  out  of  the  funds  of
the Planning Authority and shall be added to the cost of the scheme.

Decision  of
Arbitrator
to  be  final
in  certain
matters.

82.

(1) Where  no  appeal  has  been  made  under  section  74,  the
decisions of the Arbitrator under clauses (iv) to (xi) and clauses (xiv),
(xv) and (xvi) of sub-section (3) of section 72 shall be final and binding
on  the  parties.

(2) The  Tribunal  of  Appeal  shall  send  a  copy  of  its  decision  in
appeal  to  the  Arbitrator  who  shall  then,  where  necessary,  make
variation  in  the  scheme  in  accordance  with  such  decision  and  may
also  rectify  such  errors  or  omissions,  if  any,  as  may  have  been
brought  to  his  notice  after  publication  of  the  final  scheme  as  drawn
up  by  him  under  clause  (xviii)  of  sub-section  (3)  of  section  72;  and
the  Arbitrator  shall  forward  such  final  scheme  together  with  a  copy
of  his  decisions  under  section  72  and  a  copy  of  the  decision  of  the
Tribunal of Appeal in appeal to the State Government for the sanction
of  the  final  scheme.

59

Possession
of  land  in
advance  of
town
planning
scheme.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

83.

(1) Where  a  Planning  Authority  thinks  that,  in  the  interest
of the public, it is necessary to undertake forthwith any of the works
included  in  a  draft  scheme  for  a  public  purpose,  the  Planning
Authority  shall  make  an  application  through  the  Arbitrator  to  the
State Government to vest in it the land (without any building) shown
in  the  draft  scheme.

(2) The  State  Government  may,  if  satisfied  that  it  is  urgently
necessary  in  the  public  interest  to  empower  the  Planning  Authority
to enter on such land for the purpose of executing any of such works,
direct  the  Arbitrator,  by  notification  in  the Official  Gazette,  to  take
possession  of  the  land,  or  may,  after  recording  its  reasons  refuse
to  make  any  such  direction :

Provided that, no such direction shall be made without the Arbitrator
giving  a  hearing  to  any  person  or  Planning  Authority  affected  by
such  direction,  and  considering  the  report  of  the  Arbitrator  in  that
behalf.

(3) The  Arbitrator  shall  then  give  a  notice  in  the  prescribed
manner  to  the  person  interested  in the  land  the  possession  of  which
is  to  be  taken  by  Arbitrator  requiring  him  to  give  possession  of  his
land to the Arbitrator or any person authorised by him in this behalf
within  a  period  of  one  month  from  the  date  of  service  of  notice ;
and  if  no  possession  is  delivered  within  the  period  specified  in  the
notice,  the  Arbitrator  shall  take  possession  of  the  land  and  shall
handover the land to the Planning Authority. Such land shall thereupon,
notwithstanding  anything  contained  in  this  Act,  vest  absolutely  in
the  Planning  Authority  free  from  all  encumbrances.

84.

(1) If the Arbitrator is opposed or impeded in taking possession
of  the  land  under  section  83,  he  shall  request  the  Commissioner  of
Police,  or  as  the  case  may  be,  the  District  Magistrate  to  enforce
the  delivery  of  possesion  of  the  land  to  the  Arbitrator.  The
Commissioner  or  the  District  Magistrate,  as  the  case  may  be,  shall
take  or  cause  to  be  taken  such  steps  and  use  or  cause  to  be  used
such  force  as  may  be  reasonably  necessary  for  securing  the  delivery
of  possession  of  the  land  to  the  Arbitrator.

Commis-
sioner  of
Police  or
Magistrate
to  enforce
delivery  of
possession
of  land.

(2) For the avoidance of doubt, it is hereby declared that the power
to  take steps  under sub-section  (1)  includes  the power  to  enter  upon
any  land  or  other  property  whatsoever.

85.

(1) Where possession of land is taken by the Arbitrator under
section 83 or 84,  the person interested in such land  shall be entitled
to  interest  at  the  rate  of  4  per  cent.  per  annum  on  the  amount
of  compensation  payable  to  him  under  the  final  scheme  in  respect
of  the  said  land  from  the  date  on  which  such  possession  is  taken
till  the  date  on  which  amount  of  compensation  is  paid  to  him  by
the  Planning  Authority.

Owner  of
land  of
which
possession
is  taken
entitled  to
interest.

(2) The  Planning  Authority  may,  at  the  request  of  the  person
interested, pay after consulting the Arbitrator, an advance as provided
in  sub-secction  (3)  of  section  129.
H  4078—9a

60

Sanction  by
State
Govern-
ment  to
final
scheme.

Withdrawal
of  scheme.

Effect  of
final
scheme.

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

86.

(1) The  State  Government  may,  within  a  period  of  four
months  from  the  date  of  receipt  of  the  final  scheme  under  section
82  from  the  Arbitrator  or  within  such  further  period  as  the  State
Government may extend, by notifiction in the Official Gazette, sanction
the scheme or refuse to give such sanction provided that, in sanctioning
the  scheme  the  State  Government  may  make  such  modifications  as
may  in  its  opinion  be  necessary  for  the  puposes  of  correcting  an
error,  irregularity  or  informality.

(2) If  the  State  Government  sanctions  such  scheme,  it  shall  state

in  the  notification—

(a) the place at which the final scheme is kept open to inspection
by  the  public 1[and  also  state  therein  that  copies  of  the  scheme
or  extracts  therefrom  certified  to  be  correct  shall,  on  application,
be  available  for  sale  to  the  public  at  a  reasonable  price];

(b) a  date  (which  shall  not  be  earlier  than  one  month  after  the
date of the publication of the notification) on which all the liabilities
created by the scheme shall take effect and the final scheme shall
come  into  force :

Provided  that,  the  State  Government  may,  from  time  to  time,
postpone  such  date,  by  notification  in  the Official  Gazette,  by  such
period,  not  exceeding  three  months  at  a  time  as  it  thinks  fit.

(3) On and after the date fixed in such notification, a town planning

scheme  shall  have  effect  as  if  it  were  enacted  in  this  Act.

87.

(1) If  at  any  time  before  the  final  scheme  is  forwarded  by
the  Arbitrator  to  the  State  Government,  a  representation  is  made
to  the  Arbitrator  by  the  Planning  Authority  and  a  majority  of  the
owners  in  the  area  that  the  scheme  should  be  withdrawn,  the
Arbitrator  shall,  after  inviting  from  all  persons  interested  in  the
scheme objections to such representation, forward such representation
together  with  the  objections,  if  any,  to  the  State  Government.

(2) After  making  such  inquiry  as  it  may  think  fit,  the  State
Government  may,  by  notification  in  the Official  Gazette,  direct  that
the scheme shall be withdrawn; and upon such withdrawal, no further
proceedings  shall  be  taken  in  regard  to  such  scheme.

88. On  and  after  the  day  on  which  a  final  scheme  comes  into

force—

(a) all  lands  required  by  the  Planning  Authority  shall,  unless
it  is  otherwise  determined  in  such  scheme,  vest  absolutely  in  the
Planning  Authority  free  from  all  encumbrances;

(b) all rights in the original plots which have been reconstituted
shall  determine  and  the  reconstituted  plots  shall  become  subject
to  the  rights  settled  by  Arbitrator;

(c) the Planning Authority shall handover possession of the final
plots to the owners to whom they are allotted in the final scheme.

1 These  words  were  added  by  Mah.  6  of  1976,  s.  27.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

(c) Enforcement  of  Schemes.

61

89.

(1) On and after the day on which a final scheme comes into
force,  any  person  continuing  to  occupy  any  land  which  he  is  not
entitled  to  occupy  under  the  final  scheme  may,  in  accordance  with
the  prescribed  procedure,  be  summarily  evicted  by  the  Planning
Authority  or  any  of  its  officers  authorised  in  that  behalf  by  that
Authority.

Power  of
Planning
Authority
to  evict
summarily.

(2) If  the  Planning  Authority  is  opposed  or  impeded  in  evicting
such  person  or  taking  possession  of  the  land  from  such  person,  the
Commissioner of Police, or as the case may be, the District Magistrate
shall  at  the  request  of  the  Planning  Authority  enforce  the  eviction
of  such  person  or  secure  delivery  of  possession  of  the  land  to  the
Planning  Authority  as  may  be  necessary.

90.

(1) On and after the day on which a final scheme comes into
force, the Planning Authority may, after giving the prescribed notice
and  in  accordance  with  the  provisions  of  the  scheme,—

Power  to
enforce
scheme.

(a) remove,  pull  down  or  alter  any  building  or  other  work  in
the  area  included  in  the  scheme  which  is  such  as  to  contravene
the  scheme  or  in  the  erection  of  which  or  carrying  out  of  which,
any  provision  of  the  scheme  has  not  been  complied  with ;

(b) execute  any  work  which  it  is  the  duty  of  any  person  to
execute  under  the  scheme,  in  any  case  where  it  appears  to  the
Planning Authority  that delay  in the  execution of  the work  would
prejudice  the  efficient  operation  of  the  scheme.

(2) Any  expenses  incurred  by  the  Planning  Authority  under  this
section may be recovered from the person in default or from the owner
of  the  original  plot  in  the  manner  provided  for  the  recovery  of  sums
due  to  the  Planning  Authority  under  the  provisions  of  this  Act.

(3) If  any  action  taken  by  the  Planning  Authority  is  questioned,
the  matter  shall  be  referred  to  the  State  Government  or  any  officer
authorised  by the State Government in this behalf; and the decision
of  the  State  Government  or  of  the  officer,  as  the  case  may  be,  shall
be  final  and  conclusive  and  binding  on  all  persons.

(d) Variation  of  Schemes.

91.

(1) If after the final scheme has come into force, the Planning
Authority  considers  that  the  scheme  is  defective  on  account  of  an
error,  irregularity  or  informality  or  that  the  scheme  needs  variation
or modification of a minor nature, the Planning Authority may apply
in  writing  to  the  State  Government  for  variation  of  the  scheme.

Power  to
vary
scheme  on
ground  of
error,
irregularity
or  infor-
mality.

62

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

(2) If,  on  receiving  such  application  or  otherwise,  the  State
Government is satisfied that the variation required is not substantial,
the  State  Government  shall,  by  notification  in  the Official  Gazette,
authorise  or  direct  the  Planning  Authority  to  prepare 1[a  draft  of
such  variation  and  publish  a  notice  in  the Official  Gazette,  and  in
such other manner as may be prescribed stating that a draft variation
has  been  prepared].

(3) 2[The  notice of  preparation of  draft  variation published]  under
sub-seciton  (2)  shall  state  every  amendment  proposed  to  be  made
in  the  scheme,  and  if  any  such  amendment  relates  to  a  matter
specified  in  any  of  the  sub-clauses  (i)  to  (ii)  of  clause  (b)  of  section
59,  the  draft  variation  shall  also  contain  such  other  particulars  as
may  be  prescribed.

(4) The draft variation shall be open to the inspection of the public
at the office of the Planning Authority during office hours 3[and copies
of such draft variation or any extract therefrom certified to be correct
shall  be  available  for  sale  to  the  public  at  a  reasonable  price.]

(5) Not later than one month of the date of the 4[publication
of  the  notice  regarding  preparation  of  draft  variation],  any
person  affected  thereby  may  communicate  in  writing  his
objections to  such  variation  to  the  State  Government,  and  send
a  copy  thereof  to  the  Planning  Authority.

(6) After  receiving  the  objections  under  sub-section  (5),  the
State  Government  may,  after  consulting  the  Planning
Authority  and  after  making  such  enquiry  as  it  may  think  fit,
by  notification  in  the Official  Gazette,-—

(a) appoint  an  Arbitrator,  and  thereupon  the  provisions  of
this  Chapter  shall,  so  far  as  may  be,  apply  to  such  draft
variation,  as  if  it  were  a  draft  scheme  submitted  to  the  State
Government  for  sanction;

(b) sanction  the  variation  with  or  without  modifications; or
(c) refuse  to  sanction  the  variation.
(7) From  the  date  of  the  notification  sanctioning  the
variation,  with  or  without modifications,  such  variation  shall
take  effect  as  if  it  were  incorporated  in  the  scheme.

92.  Notwithstanding  anything  contained  in  section  86,  a
town  planning  scheme  may  at  any  time  be  varied  by  a
subsequent scheme made, 5[published by means of notice] and
sanctioned  in  accordance  with  this  Act  :

Provided  that,  when  a  scheme  is  so  varied,  the  provisions
of  this  Chapter  shall  so  far  as  may  be  applicable,  apply  to
such  variation  and  making  of  subsequent  scheme;  and  the
date  of  the  declaration  of  intention  of  the  Planning  Authority
1 These  words  were  substituted  for  the  words  “and  publish  a  draft  of  such  variation  in
the  prescribed  manner”  by  Mah.  6  of  1976,  s.  28(a).
2 These  words  were  substituted  for  the  words  “The  draft  variation  published”, ibid.,  s.  28(b).
3 This  portion  was  added, ibid.,  s.  28(c).
4 These  words  were  substituted  for  the  words  “publication  of  a  draft  variation”,
28(d).

ibid.,  s.

5 These words were substituted for the word “published” by Mah. 6 of 1976,

s.  29.

Power  to
vary  town
planning
scheme.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

63

to  vary  the  scheme  shall,  for  the  purposes  of  sections  69,
70,  97,  98  and  100,  be  deemed  to  be  the  date  of  declaration
of  intention  to  make  a  scheme  referred  to  in  those  sections.

93. In the event of a town planning scheme being withdrawn
or  sanction  to  a  final  scheme  being  refused  by  the  State
Government,  the  State  Government  may  direct  that  the  costs
of  the  scheme  shall  be  borne  by  the  Planning  Authority  or
be  paid  to  the  Planning  Authority  by  the  owners  concerned,
in such proportion as the State Government may in each case
determine.

Apportion-
ment  of
cost  of
scheme
withdrawn
or  not
sanctioned.

(e)  Proceedings  before  Arbitrator  and  Tribunal.

94. Every  party  to  any  proceeding  before  an  Arbitrator
or  the  Tribunal  of Appeal  shall  be  entitled  to  appear  either
in person or by his agent authorised in writing in that behalf.

Right  to
appear  by
recognised
agent.

Appeal  may 

95. For  the  purpose  of  this  Act,  an  officer  appointed  under
sub-section  (1)  of  section  71  or  an  Arbitrator  or  the  Tribunal
of 
the
summon 
attendance  of  witnesses  including  the  parties  interested  or
any  of  them  and  compel  them  to  give  evidence  and  compel
the  production  of  documents  by  the  same  means
and    as  far  as    possible,  in  the  same  manner  as  is  provided
in  the  case  of  a  Civil  Court  by  the  Code  of  Civil  Procedure,
1908.

enforce 

and 

V  of
1908.

Power  to
compel
attendance
of  wit-
nesses.

(f)  Joint  development  plans  and  joint  town  planning
schemes.

96. (1) When the State Government or two or more Planning
Authorities  are  of  opinion  that  the  interests  of  contiguous
areas  within  the  jurisdiction  of  such  Planning  Authorities
can  best  be  served  by  the  making  of  a  joint  development  plan
or  a  joint  town  planning  scheme,  the  State  Government  shall
after necessary enquiry constitute a Special Planning Authority
as  provided  in  section  40.

Joint
develop-
ment  plans
and  joint
town
planning
schemes.

(2) Such Special Planning Authority, when duly constituted,
shall  make  a  declaration  of  the  intention  to  make  a  joint
development  plan  or  a  joint  town  planning  scheme  in  respect
of  the  contiguous  areas  in  the  manner  provided  in  section
23  or  section  60,  as  the  case  may  be,  and  thereafter,  the
Special  Planning  Authority  shall  have  all  the  powers  and  be
liable  to  all  the  duties  of  a  Planning  Authority  under  this
Act  and  all  the  foregoing  provisions  of  this  Act  in  respect
of  the  procedure  to  be followed  in  preparing,  publishing  and
submitting  a development  plan,  or,  as the case may  be,  a  town
planning  scheme  for  sanction  of  the  State  Government  shall
apply so  far  as  may  be  applicable.

64

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

Cost  of
scheme.

(3) The  joint  development  plan  or  the  joint  town  planning
scheme  shall  specify  the  parts  of  the  joint  development  plan
or  the  joint  town  planning  scheme  to  be  executed  by  the
several  Planning  Authorities  in  the  several  contiguous  areas,
and  the  several  parts  of  the  joint  development  plan  or  joint
town  planning  scheme  shall,  when  the  joint  development
plan  or  the  joint  town  planning  scheme  is  sanctioned  by  the
State  Government  under  section  31  or  86,  as  the  case  may
be,  have  effect  in  the  several  contiguous  areas  as  if  they  are
separate  development  plans  or  town  planning  schemes  :

Provided  that,  a  joint  development  plan,  or  a  joint  town
planning  scheme  may  be  executed  partly  or  wholly  by  the
two  or  more  Planning  Authorities  concerned  jointly  as  they
may  decide  in  this  behalf.

(g) Finance  of  Schemes.

97. (1) The cost of a town planning scheme shall include,—

(a)  all  sums  payable  by  a  Planning  Authority  under  the
provisions  of  this  Act  which  are  not  specifically  excluded
from  the  costs  of  the  scheme;

(b) all sums spent or estimated to be spent by a Planning
Authority  in  the  making  and  in  the  execution  of  the
scheme,  the  estimates  for  works  included  in  the  scheme
being  made  on  the  date  the  final  scheme  is  drawn  up  by
the  Arbitrator  under  clause (xviii) of  sub-section (3) of
section  72;

(c) all  sums  payable  as  compensation  for  land  reserved
or  allotted  for  any  public  purpose  or  purpose  of  a  Planning
Authority  which  is  solely  beneficial  to  the  owners  or
residents  within  the  area  of  the  scheme;

(d) such  portion  of  the  sums  payable  as  compensation
for  land  reserved  or  allotted  for  any  public  purpose  or
purpose  of  the  Planning  Authority  which  is  beneficial
partly  to  the  owners  or  residents  within  the  area  of  the
scheme  and  partly  to  the  general  public,  as  is  attributable
to  the  benefit  accruing  to  the  owner  or  residents  within
the area of the scheme from such reservation or allottment;
(e)  all legal  expenses incurred by the Planning  Authority

in  the  making  and  in  the  execution  of  the  scheme;

( f )  the  amount  by  which  the  total  of  the  values  of  the
original  plots  exceeds  the  total  of  the  values  of  the  plots
included  in  the  final  scheme,  each  of  such  plots  being
estimated  at  its  market  value  at  the  date  of  declaration
of  intention  to  make  a  scheme,  with  all  the  buildings  and
works  thereon  at  that  date  and  without  reference  to
improvements  contemplated  in  the  scheme  other  than
improvements  due  to  the  alteration  of  its  boundaries.
(2)  If  in  any  case  the  total  of  the  values  of  the  plots
included  in  the  final  scheme  exceeds  the  total  of  the  value
of  the  original  plots, each  of  such  plots  being  estimated  in

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

65

the  manner  provided  in  clause  (f)  of  sub-section  (1),  then  the
amount  of such  excess  shall  be  deducted  in  arriving  at  the
costs  of  the  scheme  as  defined  in  sub-section  (1).

98. For  the  purposes  of  this  Act,  the  increment  shall  be
deemed  to  be  the  amount  by  which  at  the  date  of  the
declaration  of  intention  to  make  a  scheme,  the  market  value
of  any  plot  with  reference  to  the  improvements  contemplated
in  the  scheme  on  the  assumption  that  the  scheme  has  been
completed  would  exceed  on  the  same  date  the  market  value
of  the  same  plot  estimated  without  reference  to  such
improvements :

Provided  that,  in  estimating  such  values,  the  value  of
buildings  or  other  works  erected  or  in  the  course  of  erection
on  such  plot  shall  not  be  taken  into  consideration.

Calculation
o f
increment.

99.

(1) The  cost  of  the  scheme  shall  be  met  wholly  or  in
part by a contribution  to  be levied  by the  Planning  Authority
on  each  final  plot  included  in  the  final  scheme  calculated
in  proportion  to  the  increment  which  is  estimated  to  accrue
in  respect  of  such  plot  by  the  Arbitrator :

Contribution
towards  cost
of  scheme.

Provided  that—

(i) no  such  contribution  shall  exceed  half  the  increment
estimated  by  the  Arbitrator  to  accrue  in  respect  of  such
final  plot,  subject  to  the  condition  that  where  the  total
cost  of  a  scheme  exceeded  half  the  total  amount  of
increments,  the  proportion  of  such  contribution  shall  not
be  less  than  half  the  increment ;

(ii) no  such  contribution  shall  be  levied  on  a  plot  used,
allotted  or  reserved,  for  a  public  purpose  or  purpose  of
the  Planning  Authority,  such  plot  being  solely  for  the
benefit  of  the  owners  or  residents  within  the  area  of  the
scheme ;

(iii) the  contribution  levied  on  a  plot  used,  allotted  or
reserved  for  a  public  purpose  or  purposes  of  the  Planning
Authority  which  is  beneficial  partly  to  the  owners  or
residents  within  the  area  of  the  scheme  and  partly  to  the
general  public  shall  be  calculated  in  the  proportion  to  the
benefit estimated  to  accrue  to  the general  public  from  such
use,  allotment  or  reservation.
(2) The  owner  of  each  final  plot  included  in  a  final  scheme
shall  be  primarily  liable  for  the  payment  of  the  contribution
leviable  in  respect  of  such  plot.

100. The  amount  by  which  the  total  value  of  final  plots
included  in  a  final  scheme  with  all  the  buildings  and  works
thereon  allotted  to  the  person  falls  short  of  or  exceeds  the
total  value  of  the  original  plots  with  all  the  buildings  and
works  thereon  of  such  person  shall  be  deducted  from  or
added  to,  as  the  case  may  be,  the  contribution  leviable  from
such person, each of such  plots being  estimated  at its  market
H  4078—10

Certain
amount  to
be  added  to
or  deducted
from
contribution
leviable
from
person.

66

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

value  at  the  date  of  the  declaration  of  intention  to  make
a  scheme  and without  reference  to  improvements contempted
in the  scheme  other than improvements  due  to  the alteration
of  its  boundaries.

Transfer  of
right  from
original  to
reconsti-
tuted  plot
or  extinc-
tion  of  such
right.

101. Any  right  in  an  original  plot  which  in  the  opinion
of  the  Arbitrator  is  capable  of  being  transferred  wholly  or
in  part,  without  prejudice  to  the  making  of  a  town  planning
scheme  to  a  final  plot  shall  be  so  transferred  and  any  right
in  an  original  plot  which  in  the  opinion  of  the  Arbitrator
is  not  capable  of  being  so  transferred  shall  be  extinguished :

Provided that, an agricultural lease shall not be transferred
from  an  original  plot  to  a  final  plot  without  the  consent  of
all  the  parties  to  such  lease.

(h)  Compensation.

Compensa-
tion  in
respect  of
property  or
right
injuriously
affected  by
scheme.

102. The  owner  of  any  property  or  right  which  is
injuriously affected by  the making of a  town planning scheme
shall, subject  to provisions  of section  101, if  he makes  a claim
before  the  Arbitrator  within  sixty  days  of  the  receipt  of  the
notice  from  the  Arbitrator,  be  entitled  to  obtain  compensation
in  respect  thereof  from  the  Planning  Authority  or  from  any
person  benefited  or  partly  from  the  Planning  Authority  and
partly  from  such  person  as  the  Arbitrator  may  in  each  case
determine.

Exclusion
or  limita-
tion  of
compensa-
tion  in
certain
cases.

103.

(1) No  compensation  shall  be  payable  in  respect  of
any  property  or  private  right  of  any  sort  which  is  alleged
to be injuriously affected by reason of any provisions contained
in  the  town  planning  scheme,  if  under  any  other  law  for  the
time  being  in  force  applicable  to  the  area  for  which  such
scheme is made, no compensation is payable for such injurious
affection.

(2) Property  or  a  private  right  of  any  sort  shall  not  be
deemed  to  be  injuriously  affected  by  reason  of  any  provision
inserted  in  a  town  planning  scheme  which  with  a  view  to
securing  the  amenity  of  the  area  included  in  such  scheme
or  any  part  thereof,  imposes  any  conditions  and  restrictions
in  regard  to  any  of  the  matters  specified  in  clause  (b)  of
section  64.

Provision
for  cases  in
which
amount
payable  to
owner
exceeds
amount  due
from  him.

104.

If  the  owner  of  an  original  plot  is  not  provided  with
a  final  plot  in  the  final  scheme  or  if  the  contribution  to  be
levied  from  him  under  section  100  is  less  than  the  total
amount  to  be  deducted  therefrom  under  any  of  the  provisions
of  this  Act,  the  net  amount  of  his  loss  shall  be  payable  to
him  by  the  Planning  Authority  in  cash  or  in  such  other  way
as  may  be  agreed  upon  by the  parties.

67

Provision
for  case  in
which  value
of  devel-
oped  plot  is
less  than
amount
payable  by
owner.

Payment  by
adjustment
of  account.

Payment  of
net  amount
due  to
Planning
Authority.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

105.

(1) If  from  any  cause  the  total  amount  which  would
be  due  to  a  Planning  Authority  under  the  provisions  of  this
Act  from  the  owner  of  a  final  plot  to  be  included  in  the  final
scheme  exceeds  the  value  of  such  plot  estimated  on  the
assumption  that  the  scheme  has  been  completed,  the
Arbitrator  shall,  at  the  request  of  the  Planning  Authority,
direct  the  owner  of  such  plot  to  make  payment  to  the
Planning  Authority  of  the  amount  of  such  excess.

(2) If  such  owner  fails  to  make  such  payment  within  the
prescribed  period,  the  Arbitrator  shall,  if  the  Planning
Authority  so  requests  acquire  the  original  plot  of  such
defaulter  and  apportion  the  compensation  among  the  owner
and  other  persons  interested  in  the  plot  on  payment  by  the
Planning  Authority  of  the  value  of  such  plot  estimated  as
its  market  value  at  the  date  of  the  declaration  of  intention
to  make  a  scheme  and  without  reference  to  improvements
contemplated in the scheme ; and thereupon, the plot included
in  the  final  scheme  shall  vest  absolutely  in  the  Planning
Authority  free  from  all  encumbrances  but  subject  to  the
provisions  of  this  Act :

Provided that, the payment made by the Planning Authority
on  account  of  the  value  of  the  original  plot  shall  not  be
included  in  the  costs  of  the  scheme.

106. All  payments  due  to  be  made  to  any  person  by  a
Planning  Authority  under  this  Act  shall,  as  far  as  possible,
be  made  by  an  adjustment  in  such  person’s  account  with  the
Planning  Authority  in  respect  of  the  final  plot  concerned  or
of  any  other  plot  in  which  he  has  an  interest,  and  failing
such  adjustment  shall  be  paid  in  cash  or  in  such  other  way
as  may  be  agreed  upon  by  the  parties.

107.

(1) The  net  amount  payable  under  the  provisions  of
this  Act  by  the  owner  of  a  final  plot  included  in  a  final
scheme  may  at  the  option  of  the  contributor  be  paid  in  one
sum  or  annual  instalments  not  exceeding  ten.  If  the  owner
elects  to  pay  the  amount  by  instalments,  interest  at  6  per
cent.  per  annum shall  be  charged  on  the net  amount  payable.
If  the  owner  of  a  plot  fails  to  elect  the  option  on  or  before
the  date  specified  in  a  notice  issued  to  him  in  that  behalf
by  the  Planning  Authority,  he  shall  be  deemed  to  have
elected  the  option  of  paying  contribution  by  instalments  and
the  interest  on  the  contribution  shall  be  calculated  from  the
date  specified  in  the  notice,  being  the  date  before  which  he
was  required  to  make  an  election  as  aforesaid :

Provided  that,  where  an  owner  elects  to  pay  the  amount
in  one  sum  but  fails  to  do  so,  interest  at  6  per  cent.  per
annum  shall  be  payable  by  him  to  the  Planning  Authority
from  the  date  specified  in  the  notice  to  the  date  of  payment.

H  4078—10a

68

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

Power  of
Planning
Authority
to  make
agreement.

(2) Where  two  or  more  final  plots  included  in  a  final
scheme  are  in  the  same  ownership,  the  net  amount  payable
by  such  owner  under  the  provisions  of  this  Act  shall  be
distributed  over  his  several  final  plots  in  proportion  to  the
increment  which  is  estimated  to  accrue  in  respect  of  each
final  plot  unless  the  owner  and  the  Planning  Authority  agree
to  a  diffrent  method  of  distribution.

(i)  Miscellaneous.

108.

(1) A  Planning  Authority  shall  be  competent  to  make
any  agreement  with  any  person  in  respect  of  any  matter
which is to be provided for in a town planning scheme subject
to  the  power  of  the  State  Government  to  modify  or  disallow
such  agreement  and  unless  it  is  otherwise  expressly  provided
therein,  such  agreement  shall  take  effect  on  and  after  the
day  on  which  the  town  planning  scheme  comes  into  force.

(2) Such  agreement  shall  not  in  any  way  affect  the  duties
of  the  Arbitrator  as  stated  in  section  72  or  the  rights  of  third
parties, but it shall be binding on the parties to the agreement,
notwithstanding  any  decision  that  may  be  passed  by  the
Arbitrator :

Provided  that,  if  any  agreement  contains  any  provisions
which  are  inconsistent  with  the  final  scheme  as  drawn  up
by  the  Arbitrator  under  section  72  or  the  final  shceme  as
sanctioned  by  the  State  Government  under  section  86  such
an  agreement  shall  be  void :

Provided  further  that,  if  the  agreement  is  modified  by  the
State  Government,  either  party  shall  have  the  option  of
avoiding  it  if  it  so  elects.

Recovery  of
arrears.

109.

(1) Any  sum  due  to  a  Planning  Authority  under  this
Act,  rule  or  any  regulation  made  thereunder  shall  be  a  first
charge  on  the  plot  on  which  it  is  due,  subject  to  the  prior
payment  of  land  revenue,  if  any,  due  to  the  Government
thereon.

(2) Any  sum  due  to  the  Planning  Authority  under  this  Act,
rule  or  any  regulation  made  thereunder  which  is  not  paid
on  demand  on  the  day  on  which  it  becomes  due  or  on  the
day  fixed  by  the  Planning  Authority,  shall  be  recoverable  by
the  Planning  Authority  from  the  defaulter  as  if  they  were
arrears  of  land  revenue.

(3) If  any  question  arises  whether  a  sum  is  due  to  the
Planning  Authority  within  the  meaning  of  sub-section  (2),  it
shall  be  referred  to  a  tribunal  constituted  by  the  State
Government  consisting  of  one  or  more  persons  not  connected

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

69

with  the  Planning  Authority  or  any  authority  subordinate
to  it  or  with  the  person  by  whom  the  sum  is  alleged  to  be
payable  which  the  tribunal  shall,  after  making  such  inquiry
at  it  may  deem  fit  and  after  giving  to  the  person  by  whom
the  sum  is  alleged  to  be  payable,  an  opportunity  of  being
heard,  decided  the  question ;  and  the  decision  of  the  tribunal
thereon  shall  be  final  and  shall  not  be  called  in  question  in
any  court  or  before  any  other  authority.

(4) The procedure to be followed by the tribunal in deciding
questions  referred  to  it  under  sub-section  (2)  shall  be  such
as  may  be  prescribed  by  the  State  Government.

110. Where  after  completing  and  meeting  all  the  costs  of
a  scheme  as  provided  in  this  Act,  any  amount  from  the  sums
paid  to  the  Planning  Authority  under  this  Act  remains  as
surplus,  the  Planning  Authority  shall,  in  consultation  with
the  owners  of  the  plots,  spend  such  surplus  amount  for
providing  further  amenities  within  the  area  of  the  scheme.

Disposal  of
surplus
amount.

111.

(1) A Planning Authority shall complete all the works
provided  in  a  final  shceme  within  the  period  prescibed  in
the  final  scheme  by  the  Arbitrator  under  clause  (xvii)  of  sub-
section  (3)  of  section72 :

Execution
of  works  in
final
scheme  by
Planning
Authority.

Provided  that,  in  exceptional  circumstances  on  application
by  the  Planning  Authority,  the  State  Government  may  by  an
order  in  writing  specifying  those  circumstances  grant  to  the
Planning  Authority  in  this  behalf  further  extension  of  time
as  it  may  think  fit.

(2) If  the  Planning  Authority  fails  to  complete  the  work
within  the  prescribed  period  or  within  the  period  extended
under  sub-section  (1),  the  State  Government  may,
notwithstanding anything contained in sub-section (1), require
the  Planning  Authority  to  complete  the  works  within  a
further  period  as  it  may  consider  reasonable  or  appoint  an
officer  to  complete  such  works  at  the  cost  of  the  Planning
Authority  and  recover  the  cost  from  the  Planning  Authority
in  the  manner  provided  by  sub-section  (2)  of  section  162  of
this  Act.

112. Whoever wilfully destroys or injures or without lawful
authority  removes,  a  boundary  stone  or  mark  lawfully  fixed
or  constructed,  the  Collector,  on  receipt  of  the  intimation
from  the  Arbitrator  or  the  Planning  Authority,  may  order
such  person  to  pay  a  fine,  not  exceeding  twenty  rupees  for
each  stone  or  mark  so  destroyed,  injured  or  removed  as  may
in his opinion be necessary to defray the expenses of restoring
the  same.

Penalty  for
removal  of
boundary
stones.

70

Designation
of  site  for
new  town.

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

CHAPTER  VI.
NEW TOWNS.

113.

(1)  If  the  State  Government  is  satisfied  that  it  is
expedient  in  the  public  interest  that  any  area  should  be
developed  as  a  site  for  a  new  town  as  reserved  or designated
*1[in  any  draft  or  final  Regional  Plan],  it  may,  by  notification
in  the Official Gazette, designate  that  area  as  the  site  for  the
proposed  new  town.  The  new  town  shall  be  known  by  the
name  specified  in  the  notification.

(2) After  publication  of  the  notification  under  sub-section
(1),  for  the  purpose  of  acquiring,  developing  and  disposing  of
land  in  the  area  of  a  new  town,  the  State  Government  shall
by  another  notification  in  the Official  Gazette constitute  a
New  Town  Development  Authority.  The  New  Town
Development  Authority  shall  consist  of  a  Chairman,  a  Vice-
Chairman, 2[two  members  representing  the  local  authorities
functioning  in the  Region  and such  number  of other  members
not exceeding seven] as in the opinion of the State Government
have  special  knowledge or  practical  experience  in  matters
relating  to  town  and  country  planning,  an  officer to  be  called
the  Town  Planning  Officer  and  a  Chief  Executive  Officer.  The
Chairman and  the  Vice-Chairman  and  all  other  members
shall  be  appointed  by  the  State  Government.

(3) The  Chief  Executive  Officer  shall  be  the  Secretary  of
the  Development  Authority 3[constituted  under  sub-section
(2)].

4
[(3A) Having  regard  to  the  complexity  and  magnitude  of
the  work  involved  in  developing  any  area  as  a  site  for  the
new  town,  the  time  required  for  setting  up  new  machinery
for  undertaking  and  completing  such  work  of  development,
and  the  comparative  speed  with  which  such  work  can  be
undertaken  and  completed  in  the  public  interest,  if  the  work
is  done  through  the  agency  of  a  corporation  including  a
company  owned  or  controlled  by  the  State  or  a  subsidiary
company  thereof,  set  up  with  the  object  of  developing  an  area
as  a  new  town,  the  State  Government  may,  notwithstanding
anything  contained  in  sub-section  (2),  require  the  work  of
developing  and  disposing  of  land  in  the  area  of  a  new  town  to

1 These words were substituted for the words “ in Regional Plan ” by Mah. 14 of

1971, s. 5(1)(a).

* Sub-section  (2)  of  section  5  of  Mah.  14  of  1971  reads  as  follows  :—  “ (2)
Notwithstanding anything contained in sub-section (1) the New Town Development
Authority in existence at the commencement of this Act, shall continue to function
until such time as the New Town Development Authority is duly constituted under
sub-section (1) of section 113 of the principal Act, as amended by sub-section (1)

  of this section.”.
2 These words were substituted for the words “ and such number of other members
not exceeding four ” ibid., s. 5(1)(b).
3 This portion was added by Mah. 21 of 1971, s. 3(1).
4 Sub-section (3A) was inserted, ibid., s. 3(2).

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

71

be  done  by  any  such-corporation,  company  or  subsidiary
company aforesaid, as an agent of the State Government ; and
thereupon,  such  corporation  or  company  shall,  in  relation  to
such  area,  be  declared  by  the  State  Government,  by
notification  in  the Official  Gazette, to  be  the  New  Town
Development  Authority  for  that  area.]

(4) Every  Development  Authority  shall  be  a  body
corporate  with  perpetual  succession  and  a  common  seal  with
power to acquire,  hold and dispose of  property, both moveable
and  immoveable,  and  contract  and  sue  or  be  sued  by  such
1
name  as  may  be  specified  in  the  notification  under
[sub-
section  (2) ].

(5) 2[On  the  constitution  of,  or  on  the  declaration  of  any
corporation  or  company  as],  a  Development  Authority  for  any
new  town,  the  local  authority  or  authorities  functioning,
within  the  area  designated  under  this  Act  as  a  site  for  the
new  town,  immediately 3[before  such  constitution  or
declaration]  shall  cease  to  exercise  the  powers  and  perform
the  functions  and  duties  which  the  said  Development
Authority  is  competent  to  exercise  and  perform  under  this
Act.

(6) The  provisions  of  sections  5,  6,  7,  8,  9,  10  and  11  shall
apply mutatis  mutandis to  a 4[Development  Authority
constituted  under  sub-section  (2)]  as  they  apply  in  relation
to  a  Regional  Board.

(7)  The  Development  Authority  shall  have  its  office  at
such  place  as  the  State  Government  may  appoint  in  this
behalf.

(8) A  Development  Authority  shall  have  all  the  powers
and  shall  carry  out  all  the  duties  of  a  Planning  Authority
5[(including  all  powers  and  duties
under  this  Act
under  Chapters  III  and  IV  and  also  under  other  provisions
of this Act)] as may be relevant   for carrying out of its objects
and  all  the    provisions  in  respect  of  procedure  under  this  Act
shall  apply  so  far  as  may  be  necessary  in  this  behalf.

1 This portion was substituted for “sub-section (1)(a)” by Mah. 21 of 1971, s. 3(3).
2 These words were substituted for the words “ On the constitution of a Development
Authority”, ibid., s. 3(4)(b).
3 These words were substituted for the words “ before such constitution”, ibid., s.

3(4)(b).

4 This portion was substituted for the words “ Development Authority”, ibid., s.

3(5).

5 This portion was deemed always to have been inserted by Mah. 30 of 1972, s. 8.

72

Power  of
State
Govern-
ment  to
acquire
land  for
Corporation
or  Com-
pany
declared  to
be  New
Town
Develop-
ment
Authority.

Objects  of
Develop-
ment
Authority.

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

I  of
1894.

1[113A. Notwithstanding anything contained in this Act,
or  in  any  law  for  the  time  being  in  force,  where  any
corporation  or  company  is  declared  to  be  the  New  Town
Development  Authority  under  sub-section  (3A)  of  section  113,
the  State  Government  shall  acquire  either  by  agreement  or
under  the  Land  Acquisition  Act,  1894  (and  such  acquisition
may  have  been  commenced  before  the  coming  into  force  of
this  section)  any  land  within  the  area  designated  under  this
Act,  as  the  site  of  the  new  town,  any  land  adjacent  to  that
area  which  is  required  for  the  purposes  connected  with  the
development  of the  new town,  and any  land whether  adjacent
to  that  area  or  not,  which  is  required  for  provisions  of
services  or  amenities  for  the  purposes  of  the  new  town;  and
vest  such  land  in  such  Authority  for  the  purposes  of  this
Chapter] 2[by  an  order  duly  made  in  that  behalf].

114.

(1)  The  objects  of  a  Development  Authority  shall  be
to  secure  the  laying  out  and  development  of  the  new  town
in  accordance  with  proposals  approved  in  that  behalf  under
the 3[provisions]  of  this  Act,  and  for  that  purpose  every  such
Authority  shall 4[subject  to  the  provisions  of  section  113A]
have  power  to  acquire,  hold,  manage  and  dispose  of  land  and
other  property  to  carry  out  buildings  and  other  operations,
to provide water, electricity, gas, sewerage and other services,
amenities and facilities and generally to do anything necessary
or  expedient  for  the  purpose  of  the  new  town  or  for  purposes
incidental  thereto.

*

*

*

5[*
(2) Without  prejudice  to  any  provision  of  this  Act  requiring
the consent of the State Government to be obtained for anything
to  be  done  by  a  Development  Authority,  the  State  Government
may  give  directions  to  any  such  Development  Authority  for
restricting  the  exercise  by  it  of  any  of  its  powers  under  this
Act,  or  for  requiring  it  to  exercise  those  powers  in  any  manner
specified  in  the  directions :

*

Provided  that—

(a) before giving any such directions, the State Government
6[shall  consult  with  the  Chairman,  or  if  the  Chairman  is  not
available,  with  the  Vice-Chairman,  of  the  Development
Authority  constituted  under  sub-section  (2)  of  section  113,  or

1 Section 113A was inserted by Mah. 21 of 1971, s. 4.
2 These words were added by Mah. 22 of 1973, s. 3.
3 This word was substituted for “following provisions” by Mah. 30 of 1972, s. 9.
4 This portion was inserted by Mah. 21 of 1971, s. 5(1) (a) and (b).
5 The existing proviso was deleted by Mah. 6 of 1976, s. 30.
6  This  was  substituted  for  the  words  “shall  consult  with  the  Chairman  of  the
Development Authority, or, if the Chairman is not available, with the Vice-Chairman”
by Mah. 21 of 1971, s. 5(2).

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

73

as  the  case  may  be,  with  the  officer  or  officers  of  the
Development  Authority  declared  under  sub-section  (3A)  of
that section who is or are duly authorised by such Authority],
unless  the  State  Government  is  satisfied  that,  on  account  of
urgency,  such  consultation  is  impracticable ;  and

(b) any  transaction  between  any  person  and  any  such
Development  Authority  acting  in  the  purported  exercise  of
their powers, under  this  Act  shall  not  be void  by reason  only
that  it  was  carried  out  in  contravention  of  such  directions,
unless  that  person  had  actual  notice  of  the  directions.

(3) For  the  avoidance of  doubt,  it is  hereby  declared  that the
provisions  of  sub-section  (1)  with  respect  to  the  powers  of
Development  Authorities  relate  only  to  their  capacity  as
statutory  corporation;  and  nothing  in  this  section  shall  be
construed  as  authorizing  the  disregard  by  a  Development
Authority  of  any  enactment  or  rule  of  law.

115.

1[Without  prejudice  to  the  provisions  of  sub-section
(8)  of  section  113,  the  Development  Authority]  shall  from
time  to  time  submit  to  the  State  Government  in  accordance
with any directions that may be given by the State Government
in  that  behalf,  its  proposals  for  the  development  of  land
within  the  area  designated  under  this  Act  as  the  site  of  the
new  town,  and  the  State  Government 2[after  consultation
with  the  Director  of  Town  Planning],  may  approve  any  such
proposals  either  with  or  wihout  modification.

Planning
and  control
of  develop-
ment  in
new  towns.

116. A  Development  Authority 3[constituted  under  sub-
section  (2)  of  section  113]  shall  have  all  the  powers  of  a
Planning  Authority  under  this  Act  as  provided  in  Chapter
VII  for  the  purpose  of  acquisition  either  by  agreement  or
under  the  Land  Acquisition  Act,  1894  of—

(a) any  land  within  the  area  designated  under  this  Act

I  of
1894.

as  the  site  of  the  new  town ;

Acquisition
of  land  by
Develop-
ment
Authority
3[constituted
under
section  113
(2)].

(b) any  land  adjacent  to  that  area  which  is  required  for
purposes  connected  with  the  development  of  the  new
town ;  and

(c) any  land  whether  adjacent  to  that  area  or  not  which
is  required  for  provision  of  services  of  amenities  for  the
purposes  of  the  new  town.

1 This portion was deemed always to have been substituted for “ The Development

Authority,” by Mah. 30 of 1972, s. 10.

2 These words were substituted for the words “ after consultation with the local
authority within whose area the land is situated and with any other local authority
1973, s. 5.
who appear to the State Government to be concerned” by Mah. 11 of

3 This portion was inserted by Mah. 21 of 1971, s. 6.

H  4078—11

74

Obligation
to  purchase
designated
land.

Disposal  of
land  by
Develop-
ment
Authority.

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

117. Where  any  land  within  the  area  designated  by  a
notification  under  section  113  of  this  Act  as  the  site  of  the
new  town  has  not  been 1[acquired  by  the  State  Government
or  a  Development  Authority  constituted  under  sub-section
(2)  of  section  113]  within  a  period  of  ten  years  from  the  date
of  the  notification,  any  owner  of  the  land  may  by  notice  in
writing 2[served on the State Government or the Development
Authority]  require  it  to  acquire  his  interest  therein;  and
thereupon,  the  provisions  of  section  127  providing  for  lapsing
of  reservations  shall  apply  in  relation  to  such  land  as  they
apply  in  relation  to  land  reserved  under  any  plan  under  this
Act.

118.

(1) Subject  to  any  directions  given  by  the  State
Government  under  this  Act,  a  Development  Authority  may
dispose  of  any  land  acquired  by  it 3[or  vesting  in  it]  to  such
persons,  in  such  manner,  and  subject  to  such  terms  or
conditions  as  they  consider  expedient  for  securing  the
development  of  the  new  town  in  accordance  with  proposals
approved  by  the  State  Government  under  this  Act :

Provided  that,  a  Development  Authority  shall  not  have
power,  except  with  the  consent  of  the  State  Government,  to
sell  any  land  or  to  grant  a  lease  of  any  land  for  a  term  of
more than ninety-nine years, and the State Government shall
not  consent  to  any  such  disposal  of  land  unless  it  is  satisfied
that  there  are  exceptional  circumstances  which  render  the
disposal  of  the  land  in  that  manner  expedient.

(2) The  powers  of  a  Development  Authority  with  respect
to  the  disposal  of 4[land  acquired  for  it  for  the  purposes  of
this  Act]  shall  be  so  exercised  as  to  secure,  so  far  as
practicable,  that  persons  who  were  living  or  carrying  on
business,  or  other  activities  on  land  so  acquired  shall,  if  they
desire  to  obtain  a  plot  or  accommodation 5[on  land  belonging
to,  or  vesting  in,]  the  Development  Authority  and  are  willing
to  comply  with  any  requirements  of  the  Development
Authority  as  to its  development  and  use, have  an  opportunity
to obtain a plot or accommodation suitable to their reasonable
requirements  on  terms  settled  with  due  regard  to  the  price
at  which  any  such  land  has  been  acquired  from  them.

(3) Nothing  in  this  Act  shall  be  construed  as  enabling  a
Development  Authority  to  dispose  of  land  by  way  of  gift,
mortgage  or  charge,  but  subject  as  aforesaid,  references  in
this Act to the disposal of land shall be construed as reference
to  the  disposal  thereof  in  any  manner,  whether  by  way  of
sale,  exchange or  lease  by the  creation  of  any easement,  right
or  privilege  or  otherwise.

1 This portion was substituted for the words “acquired by a  Development Authority”

by Mah. 21 of 1971, s. 7(a).

2 These words were substituted for the words “served on the Development Authority”,

ibid., s. 7(b).

3 These words were inserted, ibid., s. 8(a).
4 These words were substituted for the words “land acquired by them under this

Act”, ibid., s. 8 (b)(1).

5 These words were substituted for the words “on land belonging to”, ibid., s. 8(b)(2).

75

Directions
by  State
Govern-
ment  for
disposal  of
land.

Power  to
make
agreement
for  provi-
sion  of
services.

Contribu-
tions  by
Develop-
ment
Authority
towards
expenditure
of  local
authorities
and
statutory
authority.
Advances
and
payments
by  State
Govern-
ment  to
Develop-
ment
Authorities.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966
119. The  State  Government  may  give  to  any  Development
Authority  such  directions  with  respect  to  the  disposal  of  land
acquired  by  the  Authority 1[or  vested  in  it]  under  this  Act
and  with  respect  to  the  development  by  that  Authority  of
such land, as appear to the State Government to be necessary
or  expedient  for  securing  so  far  as  practicable,  the
preservation  of  any  features  or  objects  of  special  architectural
or  historic  interest.

120. A  Development  Authority  may  make  any  agreement
or  enter  into  any  contract  with  any  local  authority,  Planning
Authority  or  statutory  body  in  order  to  secure  the  provision
of  services,  such  as  water-supply,  drainage,  including
sewerage,  electricity,  gas  within  the  area  of  the  new  town,
subject  to  the  power  of  the  State  Government  to  modify  or
disallow  such  agreement  or  contract.

121. Without  prejudice  to  the  generality  of  the  powers
conferred  on  a  Development  Authority  under  this  Chapter,
any  Development  Authority  may,  with  the  consent  of  the
State  Government  contribute  such  sums  as  the  State
Government  may  determine  towards  expenditure  incurred
or  to  be  incurred  by  any  local  authority,  Planning  Authority
or  statutory  body  in  the  performance,  in  relation  to  the  new
town, of any of their statutory functions, including expenditure
so  incurred  in  the  acquisition  of  land.

122.

(1) For  the  purpose  of  enabling  a  Development
Authority 2[constituted  under  sub-section  (2)  of  section  113]
to  defray  expenditure  properly  chargeable  to  capital  account
including  the  provision  of  working  capital,  the  State
Government  may,  after  due  appropriation  made  by  the  State
Legislature  by  law  in  this  behalf,  make  advances  to  the
Development  Authority  repayable  over  such  periods  and  on
such  terms  as  may  be  approved  by  the  State  Government.
(2) For  the  purpose  of  enabling 3[such  Development
Authority]  to  defray  any  other  expenditure,  the  State
Government  may,  after  due  appropriation  made  by  the  State
Legislature  by  law  in  this  behalf,  make  grants  to  the
Development  Authority  of such  amounts  it  may decide  in  this
behalf.

(3) All  sums  received  by  the  State  Government  by  way  of
interest  on  an  advance  made  to  a  Development  Authority
under  sub-section  (1)  and  all  sums  received  by  way  of
repayment  of  the  principal  of  such  an  advance  shall  be  paid
into  the  Consolidated  Fund  of  the  State ;  and  the  State
Government  shall  lay  before  each  House  of  the  Legislature
of the State a statement of any sums due from a Development
Authority  by  way  of  interest  on  or  repayment  of  any  such
advances  which  are  not  duly  paid  to  the  State  Government
in  accordance  with  the  terms  approved  under  sub-section  (1).

1 These words were inserted  by Mah. 21 of 1971., s. 9.
2 This portion was inserted, ibid, s. 10(a).
3 These words were substituted for the words “a Development Authority”, ibid., s.
10(b).

H  4078—11a

76

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

(4) It  shall  be  a  condition  of  the  making  of  advances  to  a
Development  Authority  under  this  section  that 1[the  plans  or
proposals]  for  development  submitted  to  the  State  Govern-
ment 2[under  this  Act]  shall  be  approved  by  the  State
Government  as  being  likely  to  secure  for  the  Development
Authority  an  overall  return  which  is  reasonable,  having
regard  to  all  the  circumstances,  when  compared  with  the  cost
of  carrying  out  those  proposals.

(5) The  provisions  of  Chapter  VIII  in  regard  to  budget,
accounts and audit shall 3[except as provided in that Chapter]
apply  to  every  Development  Authority.

(6) Every  Development  Authority  shall  provide  the  State
Government with such information relating to the undertaking
of  the  Authority  as  the  State  Government  may  from  time  to
time  require,  and  for  that  purpose  shall  permit  any  person
authorised  by  the  State  Government  in  that  behalf  to  inspect
and  make  copies  of  the  accounts,  books,  documents  or  papers
of  the  Development  Authority  and  shall  afford  such
explanation  thereof  as  that  person  or  the  State  Government
may  reasonably  require.

Power  of
Develop-
ment
Authority
to  borrow
and  to
accept
deposits.

4[122A.

(1) Without  prejudice  to  the  provisions  of
section122,  a  Development  Authority  constituted  under  sub-
section  (2)  of  section  113  may,—

(a) subject  to  such  conditions  as  may  be  determined  in
this  behalf  by  the  Government,  borrow  money  in  the  open
market  or  otherwise  with  a  view  to  provide  itself  with
adequate  resources ;

Transfer  of
undertak-
ing  of
Develop-
ment
Authority.

(b) accept  deposits  on  such  conditions  as  it  deems  fit
from  persons  to  whom  allotment  or  sale  of  land  or  building
or  any  structure  is  made,  or  is  likely  to  be  made,  in
furtherance  of  the  objects  of  this  Chapter.
(2) All  moneys  borrowed  under  sub-section  (1)  may  be
guaranteed  by  the  State  Government  as  to  the  repayment  of
principal  and  interest  at  such  rates  and  on  such  conditions
as  the  State  Government  may  determine  at  the  time  the
money,  are  borrowed].

123.

(1) Without  prejudice  to  the  power  of  a  Development
Authority  under  this  Act  to  dispose  of  any  of  their  property,
a  Development  Authority  may  by  an  agreement  made  with
any  local  authority,  or  Planning  Authority  and  approved  by
the  State  Government,  transfer  to  that  local  authority  or
Planning  Authority  any  part  of  the  property  of  the
Development Authority upon such terms as may be prescribed
by  the  agreement :

1 These words were substituted for the words “the proposals” by Mah. 30 of 1972,

s. 11.

2 These words were substituted for the words and figures “under section 115”, ibid.,  s.12.
3 These words were inserted by Mah. 21 of  1971,  s. 10(c).
4 Section 122A was inserted by Mah. 6 of 1976, s. 31.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966
Provided  that,  before  approving  such  agreement,  the  State
Government  shall  publish  in  the Official  Gazette  and  in  one
or  more  local  newspapers  a  notice  stating  that  the  agreement
has  been  submitted  for  approval,  and  describing  the  general
effect  of  the  agreement.

77

Combina-
tion  and
transfers  of
Develop-
ment
Authorities.

(2) If the State Government is satisfied that it is expedient,
having  regard  to  any  agreement  made  or  proposed  to  be
made  under  sub-section  (1)  that  the  liability  of  the
Development  Authority  in  respect  of  advances  made  to  it
under  this  Act,  should  be  reduced,  the  State  Government
may,  by  an  order  reduce  that  liability  to  such  extent  as  may
be  specified  in  the  order.

(3) The  payment  of  any  sums  payable  by  a  local  authority
or  Planning  Authority  for  the  purposes  of  an  agreement
under this section shall be a purpose for which that authority
may,  notwithstanding  anything  contained  in  any  law
constituting  such  authority,  borrow  money.

124.

(1) If  it  appears  to  the  State  Government  in  the  case
of  any  area  designated  under  this  Act  as  the  site  of  a  new
town,  that  there  are  exceptional  circumstances  which  render
it  expedient  that  the  functions  of  a  Development  Authority
under  this  Act  should  be  performed  by  the  Development
Authority  established  for  the  purpose  of  any  other  new  town
instead  of  by  a  separate  Development  Authority  established
for the purpose, it may, in lieu of establishing such a separate
Development Authority by order direct that the said functions
shall  be  performed  by  the  Development  Authority  established
for  the  said  other  new  town.

(2) If  it  appears  to  the  State  Government  that  there  are
exceptional  circumstances  which  render  it  expedient  that  the
functions  of  a  Development  Authority  established  for  the
purposes  of  a  new  town  should  be  transferred  to  the
Development  Authority  established  for  the  purposes  of  any
other  new  town,  or  to  a  new  Development  Authority  to  be
established  for  the  purposes  of  the  first  mentioned  new  town,
it  may  by  order  provide  for  the  dissolution  of  the  first
mentioned  Development  Authority  and  for  the  transfer  of  its
functions  property,  rights  and  liabilities  to  the  Development
Authority  established  for  the  purposes  of  the  said  other  new
town or,  as the case may  be, to a new  Development Authority
established  for  the  purposes  of  the  first  mentioned  new  town
by  the  order.

(3) Without  prejudice  to  the  provisions  of  this  Act  with
respect  to  the  variation  of  orders  made  thereunder,  an  order
under  this  section,  providing  for  the  exercise  of  functions  in
relation  to  purposes  of  another  new  town,  or  for  the  transfer
of  such  functions  to  such  a  Development  Authority,  may
modify  the  name  and  constitution  of  that  Development
Authority  in  such  a  manner  as  appears  to  the  State

78

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

Government  to  be  expedient,  and  for  the  purposes  of  this  Act
that  Development  Authority  shall  be  deemed  to  have  been
established  for  the  purposes  of  each  of  those  new  towns.

(4) Before  making  an  order  under  this  section  providing
for  the  transfer  of  functions  from  or  to  a  Development
Authority  or  for  the  excercise  of  any  functions  to  such  a
Development  Authority,  the  State  Government  shall  consult
with  that  Development  Authority.

1[CHAPTER VI-A

LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT CHARGE.

Levy  of
develop-
ment
charge.

124A.

(1) Subject  to  the  provisions  of  this  Act,  the  Planning
Authority or the Development Authority (hereinafter in this Chapter
collectively referred to as “ the Authority ”), shall levy within the area
of  its  jurisdiction  development  charge  on  the  institution  of  use  or
change  of  use  of  any  land  or  building,  or  development  of  any  land
or  building,  for  which  permission  is  required  under  this  Act,  at  the
rates  specified  by  or  under  the  provisions  of  this  Chapter :

Provided  that,  where  land  appurtenant  to  a  building  is  used  for
any  purpose  independent  of  the  building,  development  charge  may
be  levied  separately  for  the  building  and  the  land.

(2) The  development  charge  shall  be  leviable  on  any  person  who
institutes  or  changes  the  use  of  any  land  or  undertakes  or  carries
out  any  development :
2[Provided  that,—
(i) no  such  development  charge  shall  be  leviable  under  the
provisions  of  this  Chapter  in  respect  of  use  or  change  of  use  of
any  land  or  building,  or  development  of  any  land  or  building,  or
both,  for  which  a  development  permission  has  had  already  been
granted or deemed to have been granted by the Planning Authority
or  the  Development  Authority  either  by  way  of  commencement
certificate or by way of any other mode of permission for development
granted  under  this  Act  or  any  other  law  for  the  time  being  in
force  or  by  way  of  approval  subject  to  condition  in  the  form  of
a  written  notice  (Intimation  of  Disapproval)  by  the  Commissioner
under section 346 of the Bombay Municipal Corporation Act, before
the  10th  day  of  August  1992,  being  the  date  of  commencement
of the Maharashtra Regional and Town Planning (Amendment) Act,
1992  (hereinafter  in  this  section  referred  to  as  “ the  said  date ”),
irrespective  of  whether  or  not  the  institution  of  use  or  change
of  use  or  actual  development  work  of  land  or  building  or  both,
has  been  effected  or  commenced  or  completed,  as  the  case  may
be,  and  whether  or  not  the  completion  certificate  for  any  such
use,  change  of  use  or  development  is  granted  by  the  Planning
Authority  or  Development  Authority,  before  the  said  date ;

1 Chapter VI-A was inserted by Mah. 16 of 1992, s. 2.
2 These provisos were added and the first proviso was deemed to have been added

with effect from the 10th August 1992 by Mah. 10 of 1994, s. 10.

Bom.
III  of
1888.
Mah.
XVI
o f
1992.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

79

(ii) where  the  development  permission  for  land  development,
including  permission  for  sub-division  of  a  land,  land  development
or  land  reclamation  not  involving  any  building  or  construction
operations has had already been granted by the Planning Authority
or the Development Authority before the said date, no development
charge  in  respect  of  such  land  shall  be  leviable  for  the  land
development activities, irrespective of whether or not development
of such land (not involving any building or constructions operations)
has  actually  been  commenced  or  completed  before  the  said  date.
However, if at a later date, a permission for construction operations
is  granted,  the  development  charge  in  respect  of  such  land  shall
be  leviable  only  for  the  building  or  construction  activities :

Provided  further  that,  nothing  in  this  chapter  shall  apply  to
demolition  of  any  existing  building,  structure  or  erection,  or  part
of  such  building,  structure  or  erection.]

124B.

(1) (a) For the purposes of assessing the development charge,
the  user  of  land  and  building  shall  be  classified  under  the  following
categories,  namely :—
(i) Industrial ;
(ii) Commercial;
(iii) Residential;
(iv) Institutional.

(b) In  classifying  the  user  of  land  and  building  under  any  of  the
categories mentioned in clause (a), the predominant purpose for which
such land and building is used shall be the basis for such classification.

Classifica-
tion  of  user
of  lands
and
buildings,
rates  of
develop-
ment
charge  and
procedure
for  levy
thereof.

Mah.
XXXIV
o f
2010.

1[(2) On  and  from  the  date  of  commencement  of  the  Maharashtra
Ragional  and  Town  Planning  (Amendment)  Act,  2010,  development
charge  shall  be  levied  and  collected  by  the  Authority  at  the  rates
specified  in  column  (4)  of  the  Second  Schedule;  and  the  Authority
may,  subject  to  the  other  provisions  of  this  Chapter,  enhance,  from
time to time, the rate specified in column (4) of the Second Schedule
and  levy  the  development  charge  at  such  enhanced  rate :

Provided  that,  the  Authority  may,  subject  to  the  other  provisions
of  this  Chapter,  reduce,  from  time  to  time,  the  enhanced  rate  and
levy  development  charge  at  such  reduced  rate,  so  however  that  in
no  case  the  rate  shall  be  reduced  below  the  rate  specified  in  column
(4)  of  the  Second  Schedule.]

1 Sub-section  (2)  was  substituted  by  Mah.  34  of  2010,  s.  2.

80

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

1[(2A) Notwithstanding anything contained in sub-section (1), when
the  Maharashtra  Industrial  Development  Corporation  is  the  Special
Planning  Authority  deemed  to  have  been  appointed  as  such  under
sub-section (1A) of section 40, for a notified area under its jurisdiction
as  provided  in  the  said  sub-section  (1A),  it  shall  be  lawful  for  such
Planning Authority to levy within such notified area, the development
charges  at  such  rate  which  may  be  lower  than  the 2*
*  rates
specified  by  or  under  the  provisions  of  this  Chapter,  as  it  may  fix,
from  time  to  time.]

(3) The  Authority,  before  enhancing  or  reducing  the  rate  and
levying  the  development  charge  at  such  rate  shall  observe  the
following  preliminary  procedure,  namely :—

(a) the  Authority  shall,  by  a  resolution  passed  at  a  special
meeting,  approve  the  regulations  prescribing  the  rates  of  the
development  charge  proposed  to  be  levied  by  it ;

(b) when  such  a  resolution  is  passed,  the  Authority  shall  take
further  action  to  obtain  the  previous  sanction  of  the  State
Government  to  the  regulations.
124C. After the regulations in respect of development charge are
sanctioned  by  the  State  Government  under  section  124B,  such
development  charge  shall  be  brought  into  force  on  or  after  the  date
to  be  specified  by  the  State  Government  in  its  sanction.

124D.

(1) The  regulations  referred  to  in  sections  124B  and  124C,
as  sanctioned  and  published  in  the Official  Gazette,  shall  be  displayed
by  the  Authority  on  notice  board  in  its  office.  The  Authority  shall  also
publish  a notice  in a  local  newspaper,  informing  the  inhabitants of  the
area  within  its  jurisdiction,  of  the  subject  matter  of  the  regulations  so
displayed  and  the  date  on  which  they  shall  come  into  force.

(2) When  the  rates  at  which  the  development  charge  is  leviable
are  enhanced  or  reduced  under  sub-section  (2)  of  section  124B,  it
shall  not  be  necessary  to  give  any  separate  notice  thereof  to  the
owners  or  occupiers  of  the  lands  or  buildings  affected  thereby.

124E.

(1) Any  person  who,  after  the  commencement  of  the
Maharashtra  Regional  and  Town  Planning  (Amendment)  Act,  1992,
intends  to  carry  out  any  development  or  institute  or  change  any  use
of  any  land  or  building  for  which  permission  is  required  under  this
Act,  whether  he  has  applied  for  such  permission  or  not,  or  who  has
commenced carrying out any such development or has carried out such
development  or  instituted  or  changed  any  such  use,  shall  apply  to  the
Authority  within  such  time  and  in such  manner  as  may  be  prescribed,
for  the  assessment  of  development  charge  payable  in  respect  thereof.
1 Sub-section (2A) was inserted by Mah. 10 of 1994, s. 11.
Sectiion 12 of Mah. 10 of 1994 reads as under :—
“ 12. For the removal of doubt it is hereby declared that, sub-section (2) of section 124A
of the principal Act, having been retrospectively amended, that sub-section (2) as it existed
before the commencement of the Maharashtra Regional and Town Planning (Amendment)
Act, 1993, shall, notwithstanding anything contained in any judgement, order or decree
of any Court, be deemed never to have authorised any Planning Authority or Development
Authority to levy any development charge in respect of any development referred to in
the first proviso to that sub-section (2); and where on or after the 10th day of August
1992, any Planning or the Development Authority has levied and collected any development
charges under this Chapter in respect of any land or building or, both, covered by the
said proviso, then, the Planning Authority or the Development Authority shall refund the
amount of such development charges to the person from whom such charges have been
collected either by way of payment, or by adjusting the same against any other dues
payable by such person under the provisions of this Act to the Planning Authority, with
interest on such amount of refund or adjustments at the rate of 14 per cent. per annum.
2

The word “minimum” was deleted by Mah. 34 of 2010, s. 2.

Mah.
XVI
o f
1992.

Mah.
X  of
1994.

Development
charge  to  be
brought  into
force  as
specified  by
Government.
Local
publication
of  notifica-
tion
relating  to
develop-
ment
charge  with
notice.

Assessment
and
recovery  of
develop-
ment
charge.

Removal  of
doubt.

81

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966
(2) The  Authority  shall,  on  such  application  being  made  or  if  no
such  application  is  made,  by  a  person  instituting  or  changing  any
use  of  any  land  or  building,  then  after  serving  a  notice  in  writing
on  the  person  liable  to  such  payment  and  after  calling  is  made,  by
a  person  instituting  or  changing  any  use  of  any  land  or  building,
then  after  serving  a  notice  in  wrting  on  the  person  liable  to  such
payment  and  after  calling  for  a  report  in  this  behalf  from  the
concerned officer of the Authority, after taking into consideration the
report aforesaid, determine whether or not and if so, what development
charge  is  leviable  in  respect  of  that  development  or,  institution  of
use  or  change  of  use,  and  after  giving  the  person  concerned  an
opportunity to be heard, shall then assess the amount of development
charge  payable  by  such  person  and  give  to  such  person  a  notice  in
writing  of  such  assessment :

Provided  that,—

(a) where  permission  under  this  Act  has  not  been  granted  for
carrying  out  the  said  development,  the  Authority  may  postpone
the  assessment  of  the  development  charge ;

(b) where  the  application  relates  to  the  carrying  out  of  any
development,  the  Authority  may  refuse  to  assess  the  amount  of
development  charge  payable  by  such  person  concerned  unless  it
is satified that the applicant has an interest in the land or building
sufficient  to  enable  him  to  carry  out  such  development  or  that
the applicant is able to acquire such interest and that the applicant
shall carry out the development within such period as the Authority
may  determine.
(3) The  amount  of  Development  charge  as  shown  in  the  notice
of  assessment  shall  be  paid  within  thirty  days  of  the  date  of  receipt
thereof  by  such  person  and  where  the  amount  has  not  been  so  paid
or  has  been  partly  paid  an  interest  at  the  rate  of  eighteen  per  cent.
per  annum  upon  any  amount  outstanding  shall  be  payable  from  the
date  immediately  following  the  date  on  which  the  period  of  thirty
days  as  aforesaid  expires  till  the  date  of  payment  of  such  amount.
(4) The  Authority  shall,  in  regard  to  the  area  lying  within  its
jurisdiction,  collect  all  development  charges  due  under  this  Act  in
respect  of  any  development  in  that  area.

(5) (a) The  development  charge  together  with  interest,  if  any,
payable  in  respect  of  any  land  or  building  shall,  subject  to  the
provisions  of  sub-section  (6),  be  the  first  charge  on  such  land  or
building,  subject  to  the  prior  payment  of  land  revenue,  if  any,  due
to  the  Government  thereon.

(b) The  development  charge  payable  in  respect  of  any  land  or
building  by  any  person  shall,  together  with  interest  due  upto  the
date of realisation, be recoverable from such person or this successor-
in-interest  in  such  land  or  building,  as  arrear  of  land  revenue.

Mah.
XLV
o f
1963.

(6) Notwithstanding  anything  contained  in  sub-section  (5),  where
a  promoter  as  defined  in  clause  (c)  of  section  2  of  the  Maharashtra
Ownership  Flats  (Regulation  of  the  promotion  of  construction,  sale,
management  and  transfer)  Act,  1963,  intends  to  carry  out  any
H  4078—12

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Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

development  or  institute  or  change  any  use  of  any  land  or  building,
the  liability  to  pay  the  development  charge  in  respect  of  any  such
land  or  building  and  interest,  if  any,  shall  be  that  of  such  promoter;
and any amount of such development charge and interest remaining
outstanding  shall,  without  prejudice  to  any  other  mode  of  recovery
thereof  available  against  such  promoter,  be  the  first  charge  on  any
other  property  which  he  owns  or  in  which  he  has  a  right,  title  or
interest  (in  which  case  such  charge  shall  be  limited  to  the  extent
of  his  such  right,  title  or  interest),  subject  to  the  prior  payment  of
land  revenue,  if  any,  due  to  Government  thereon.

Exemptions.

124F.

(1) No  development  charge  shall  be  levied  on  institution
of  use  or  of  change  of  use,  or  development  of,  any  land  or  building
vested  in  or  under  the  control  or  possession  of  the  Central  or  State
Government  or  of  any  local  authority.

(2) Subject  to  such  conditions  as  it  may  impose,  the  State
Government  may,  by  notification  in  the Official  Gazette,  exempt
partially  from  the  payment  of  development  charge  payable  on  the
development  of  any  land  or  building  by  any  educational  institution,
medical  institution  or  charitable  institution.

1[(3) Notwithstanding anything contained in sub-section (1) and (2),
the  State  Government  may,  by  notification  in  the Official  Gazette
and subject to such terms and conditions as may be specified therein,
exempt partially a Special Township Project undertaken by a private
developer  under  the  Special  Development  Control  Regulations  made
under  the  provisions  of  this  Act,  from  payment  of  the  development
charges.]

Appeal.

124G.

(1) Any person aggrieved by an order passed by the Authority
under  section  124E  may  prefer  an  appeal  to  the  State  Government
or  to  such  an  officer  as  may  be  appointed  by  the  State  Government
in this behalf, being an officer not below the rank of Deputy Secretary
to  the  Government;  and  such  appeal  shall  be  made  in  such  manner
and  accompanied  by  such  fees,  as  may  be  prescribed.

(2) The  State  Government  or  the  officer  so  appointed  may,  after
giving  a  reasonable  opportunity  to  the  appellant  and  the  Authority,
of  being  heard,  by  an  order  confirm,  reduce,  enhance  or  annul  the
assessment.

(3) Where  the  assessment  is  annulled  or  set  aside  in  an  appeal,
the State Government or such officer deciding the appeal may direct
the Authority to make a fresh assessment after such further enquiry
as  may  be  directed.

(4) Every  order  passed  in  appeal  under  this  section  shall  be  final
and  shall  not  be  questioned  in  any  suit  or  other  legal  proceedings.

1 Sub-section  (3)  was  inserted  by  Mah.  6  of  2004,  s.  2.

83

Procedure
for  filing
appeal.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966
124H. No appeal under section 124G shall be entertained unless,—

(a) the  appeal  is  brought  within  forty-five  days  next  after  the
receipt of notice of assessment under sub-section (2) of section 124E
by  the  person  concerned :

Provided that, the State Government or the officer so appointed
may,  admit  an  appeal  preferred  after  the  expiration  of  the  forty-
five days as aforesaid if, the Government or such officer is satisfied
that the appellant had sufficient cause for not prefering the appeal
within  the  said  period.

(b) the  amount  claimed  in  the  notice  of  assessment  from  the
appellant together with the amount of interest, if any due thereon,
has  been  deposited  by  him  in  the  office  of  the  Authority.

124I.

If,  as  a  result  of  an  order  passed  in  appeal  under  section
124G,  the  assessment  is  enhanced  and  any  amount  of  difference  is
required  to  be  recovered  from  the  appellant  or  any  amount  from
out  of  the  amount  paid  under  clause  (b)  of  section  124H  is  required
to  be  refunded  to  the  appellant,  an  interest  at  the  rate  of  eighteen
per  cent.  per  annum  shall  be  payable,—

Interest  on
amount  of
enhanced
assessment
or  of
refund.

(a) in  the  case  of  amount  to  be  so  recovered,  from  the  date
of the notice of original assessment till the date of recovery thereof;
and

(b) in  the  case  of  amount  to  be  so  refunded,  from  the  date  on
which  the  amount  was  paid  under  clause  (b)  of  section  124H  till
the  date  of  refund  thereof.

124J.

(1) There shall be established and set apart a separate fund
to be called “ the Development Fund ” and an Authority shall separately
show  the  same  in  its  budget.

Develop-
ment  Fund.

(2) All  moneys  received  by  the  Authority  as  development  charge
together  with  interest  thereon,  if  any,  under  this  Chapter  shall  be
credited  to  the  Development  Fund.

(3) The moneys credited, from time to time, to the said Fund shall
be applied only for the purposes of providing public amenities in the
area  and  maintenance  and  improvement  of  the  area  under  the
jurisdiction  of  the  said  Authority.

(4) Surplus  moneys  at  the  credit  of  the  said  Fund,  which  cannot
immediateiy or at an early date be applied for the purposes aforesaid,
shall,  from  time  to  time,  be  deposited  by  the  Authority  in  the  bank.

Explanation.—For the purposes of this sub-section, the expression

“ bank ”  means,—

23  of
1955.

38  of
1959.

(i) the State Bank of India constituted under the State Bank

of  India  Act,  1955;

(ii) a  subsidiary  bank  as  defined  in  the  State  Bank  of  India

(Subsidiary  Bank)  Act,  1959 ;

H  4078—12a

84

Stoppage  of
work  of
develop-
ment  and
penalty.

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

(iii) a  corresponding  new  bank  constituted  under  section  3  of
the Banking Companies (Acquisition and Transfer of Undertakings)
Act, 1970 or under section 3 of the Banking Companies (Acquisition
and  Transfer  of  Undertakings)  Act,  1980 ;

(iv) any other bank, being a scheduled bank as defined in clause
(e)  of  section  2  of  the  Reserve  Bank  of  India  Act,  1934,  or  being
such  a  bank  as  may  be  approved  by  the  State  Government.

5  of
1970.
40  of
1980.

2  of
1934.

124K.

(1) Where  any  person  who,  whether  at  his  own  instance
or  at  the  instance  of  any  other  person  commences,  undertakes  or
carries out  development or institutes  or changes  the use of  any land
or building without the payment of development charge payable under
this  Chapter,  the  Authority  may  serve  on  such  person  a  notice
requiring  to  stop  the  development  work  or  the  change  of  any  such
land  or  building  and  from  the  time  of  the  service  of  such  notice,
such  person  shall  discontinue  such  development  or  change  of  use
of  land  or  building.

(2) The  notice  issued  under  sub-section  (1)  and  served  upon  such

person  may  require,—

(a) the  demolition  of  the  development  work,  if  any  carried  out,

within  the  time  specified  in  such  notice,  and

(b) the discontinuance of  any further development or  change of

use  of  such  land  or  building.

(3) Any  person,  who  continues  to  carry  out  the  development  or
change  of  use  of  any  such  land  or  buliding,  whether  for  himself  or
on  behalf  of  the  owner  any  other  person,  after  such  notice  has  been
served upon him, shall, on conviction, be punished with imprisonment
for  a  term  which  shall  not  be  less  than  three  months,  but  which
may  extend  to  three  years  and  with  fine  which  shall  not  be  less
than  one  thousand  rupees,  but  which    may    extend  to  five  thousand
rupees;  and  when  the  non-compliance  with  notice  is  a  continuing
one, with further fine which may extend to hundred rupees for every
day  after the  date of  the  service of  the  notice during  which the  non-
compliance  has  continued  or  continues.

(4) On  the  failure  of  such  person  to  demolish  the  work  of
development,  if  any,  as  required  under  such  notice,  the  Authority
may itself demolish such development and any expenses incurred by
the  Authority  for  doing  so  shall  be  recoverable  from  such  person
as  arrears  of  land  revenue.

Chapter  to
have
overriding
effect,  but
shall  be  in
addition  to
existing
local
authority
laws.

124L.

(1) The  provision  of  this  Chapter  shall  have  effect
notwithstanding anything inconsistent therewith contained in this Act
or  any  other  law  for  the  time  being  in  force.

(2) Subject  to  the  provisions  of  sub-section  (1),  the  provisions  of
this  Chapter  shall  be  in  addition  to,  and  not  in  derogation  of,  any
other provisions of this Act or any law relating to municipal corporation,
municipal  council  or  other  local  authority  of  any  urban  area].

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

85

Compulsory
acquisition
of  land
needed  for
purposes  of
Regional
plan,
Develop-
ment  plan,
or  town
planning
schemes
etc.

Acquisition
of  land
required  for
public
purposes
spcified  in
plans.

CHAPTER VII.

LAND ACQUISITION.

125. Any land required, reserved or designated in a Regional plan,
Development  plan  or  town  planning  scheme  for  a  public  purpose  or
purposes including plans for any area of Comprehensive development
or  for  any  new  town  shall  be  deemed  to  be  land  needed  for  a  public
purpose    within  the  meaning  of  the  Land  Acquisition  Act,  1894.

I  of
1894.

126.

(1) Where  after  the  publication  of  a  draft  Regional  plan,  a
Development  or  any  other  plan  or  town  planning  scheme,  any  land
is  required  or  reserved  for  any  of  the  public  purposes  specified  in
any  plan  or  scheme  under  this  Act  at  any  time,  the  Planning
1[any
Authority,  Development  Authority,  or  as  the  case  may  be,
Appropriate  Authority  may,  expect  as  otherwise  provided  in  section
113A] 2[acquire  the  land,—

(a) by  agreement  by  paying  an  amount  agreed  to,  or
(b) in  lieu  of  any  such  amount,  by  granting  the  land-owner  or
the  lessee,  subject,  however,  to  the  lessee  paying  the  lessor  or
depositing with the Planning Authority, Development Authority or
Appropriate  Authority,  as  the  case  may  be,  for  payment  to  the
lessor,  an  amount  equivalent  to  the  value  of  the  lessor’s  interest
to  be  determined  by  any  of  the  said  Authorities  concerned  on  the
basis of the principles laid down in the Land Acquisition Act, 1894,
Floor Space Inedx (FSI) or Transferable Development Rights (TDR)
against  the  area  of  land  surrendered  free  of  cost  and  free  from
all  encumbrances,  and  also  further  additional  Floor  Space  Index
or  Transferable  Development  Rights  against  the  development  or
construction  of  the  amenity  on  the  surrendered  land  at  his  cost,
as  the  Final  Development  Control  Regulations  prepared  in  this
behalf  provide,  or

I  of
1894.

I  of
1894.

(c) by  making  an  application  to  the  State  Government  for

acquiring  such  land  under  the  Land  Acquisition  Act,  1894,

I  of
1894.

and  the  land  (together  with  the  amenity,  if  any  so  developed
or  constructed)  so  acquired  by  agreement  or  by  grant  of  Floor
Space  Index  or  additional  Floor  Space  Index  or  Transferable
Development Rights under this section or under the Land Acquisition
Act,  1894,  as  the  case  may  be,  shall  vest  absolutely  free  from  all
encumbrances in  the Planning Authority,  Development Authority,
or  as  the  case  may  be,  any  Appropriate  Authority.]

1 This portion was substituted for the words “ any Appropriate Authority may,

acquire  the  land ”,  by  Mah.  21  of  1971, s.  11(1).

2 This portion was  substituted and shall  be  deemed  to have  been  submitted on
25th  March  1991  for  the  words  and  figures  “acquire  the  land  either  by
the
or  makes  an  application  to  the  State  Government  for  acquiring
agreement
under the Land Acquisition Act, 1894” by Mah. 10 of 1994, s. 13(a).
such land

86

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

I  of
1894.

(2) On  receipt  of  such  application,  if  the  State  Government  is
satisfied  that  the  land  specified  in  the  application  is  needed  for  the
public purpose therein specified, or 1[if the State Government (except
in  cases  falling  under  section  49 2[and  except  as  provided  in  section
113A)]  itself  is  of  opinion]  that  any  land  included  in  any  such  plan
is  needed  for  any  public  purpose,  it  may  make  a  declaration  to  that
effect  in  the Official  Gazette,  in  the  manner  provided  in  section  6
of  the  Land  Acquisition  Act,  1894,  in  respect  of  the  said  land.  The
declaration so published shall, notwithstanding anything contained in
the  said  Act,  be  deemed  to  be  a  declaration  duly  made  under  the
said  section :

3[ Provided that, subject to the provisions of sub-section (4), no such
declaration  shall be  made  after the  expiry  of one  year  from the  date
of  publication  of  the  draft  Regional  Plan,  Development  Plan  or  any
other  Plan,  or  Scheme,  as  the  case  may  be.]

4[(3) On  publication  of  a  declaration  under  the  said  section  6,  the
collector  shall  proceed  to  take  order  for  the  acquisition  of  the  land
under  the  said  Act ;  and  the  provisions  of  that  Act  shall  apply  to
the acquisition of the said land with the modification that the market
value  of  the  land  shall  be,—

(i) where  the  land  is  to  be  acquired  for  the  purposes  of  a  new
town,  the  market  value  prevailing  on  the  date  of  publication  of
the notification constituting or declaring the Development Authority
for  such  town ;

(ii) where  the  land  is  acquired  for  the  purposes  of  a  Special
Planning  Authority  the  market  value  prevailing  on  the  date  of
publication of the notification of the area as undeveloped area ; and

(iii) in any other case, the market value on the date of publication
of  the  interim  development  plan,  the  draft  development  plan  or
the  plan  for  the  area  or  areas  for  comprehensive  development,
whichever is earlier, or as the case may be, the date or publication
of  the  draft  Town  Planning  Scheme :

Provided  that,  nothing  in  this  sub-section  shall  affect  the  date  for
the  purpose  of  determining  the  market  value  of  land  in  respect  of
which proceedings for acquisition commenced before the commencement
of the Maharashtra Regional and Town Planning (Second Amendment)
Act,  1972 :

Provided  further  that,  for  the  purpose  of  clause  (ii)  of  this  sub-
section, the market value in respect of land included in any undeveloped
area  notified  under  sub-section  (1)  of  section  40  prior  to  the
commencement  of  the  Maharashtra  Regional  and  Town  Planning
(Second Amendment) Act, 1972, shall be the market value prevailing
on  the  date  of  such  commencement.]
1 These  words  were  substituted  for  the  words  “if  the  State  Government  itself

Mah.
XI  of
1973.

Mah.
XI  of
1973.

is  of  opinion”  by  Mah.  14  of  1971,  s.  6(1)(a).

2 This  portion  was  inserted  by    Mah.  21  of  1971,  s.  11(2).
3This  proviso  was  substituted  by  Mah.  10  of  1994,  s.  13(b).
4 Sub-section  (3)  was  substituted  by  Mah.  11  of  1973,  s.  6.

87

Lapsing  of
reserva-
tions.

1966 : Mah. XXXVII]

Mah.
X  of
1994.
I  of
1894.

Maharashtra Regional and Town
Planning Act, 1966
1[(4) 2[(Notwithstanding  anything  contained  in  the  proviso  to  sub-
section  (2)  and  sub-section  (3),  if  a  declaration,]  is  not  made,  within
the  period  referred  to  in  sub-section  (2)  (or  having  been  made,  the
aforesaid  period  expired  on  the  commencement  of  the  Maharashtra
Regional  and  Town  Planning 3[(Amendment)  Act,  1993)],  the  State
Government  may  make  a  fresh  declaration  for  acquiring  the  land
under  the  Land  Acquisition  Act,  1894,  in  the  manner  provided  by
sub-sections  (2)  and  (3)  of  this  section,  subject  to  the  modification
that  the  market  value  of  the  land  shall  be  the  market  value  at  the
date  of  declaration  in  the Official  Gazette,  made  for  acquiring  the
land  afresh.]

127.

4[(1) If  any  land  reserved,  allotted  or  designated  for  any
purpose  specified  in  any  plan  under  this  Act  is  not  acquired  by
agreement  within ten  years from  the date  on which  a final  Regional
Plan, or final Development Plan comes into force 5[or if a declaration
under  sub-section  (2)  or  (4)  of  section  126  is  not  published  in  the
Official Gazette within such period, the owner or any person interested
in  the  land  may  serve  notice,  alongwith  the  documents  showing  his
title  or  interest  in  the  said  land,  on  the  Planning  Authority,  the
Development  Authority  or,  as  the  case  may  be,  the  Appropriate
Authority  to  that  effect;  and  if  within  twelve  months]  from  the  date
of  the  service  of  such  notice,  the  land  is  not  acquired  or  no  steps
as  aforesaid  are  commenced  for  its  acquisition,  the  reservation,
allotment or designation shall be deemed to have lapsed, and thereupon,
the  land  shall  be  deemed  to  be  released  from  such  reservation,
allotment  or  designation  and  shall  become  available  to  the  owner
for the purpose of development as otherwise, permissible in the case
of  adjacent  land  under  the  relevant  plan.

6[(2) On lapsing of reservation, allocation or designation of any land
under  sub-section  (1),  the  Government  shall  notify  the  same,  by  an
order  published  in  the Official  Gazette.]

128.

(1)  Where  any  land  is  included  in 7[ any  plan  or  scheme]
as  being  reserved,  allotted  or  designated  for  any  purpose  therein
specified  or  for  the  purpose  of  Planning  Authority  or  Development
Authority  or  Appropriate  Authority  and  the  State  Government  is
satisfied  that  the  same  land  is  needed  for  a  public  purpose  different
from  any  such  public  purpose  or  purpose  of  the  Planning  Authority,
Development  Authority  or  Appropriate  Authority, 
the  State
Government  may,  notwithstanding  anything  contained  in  this  Act,
acquire  such  land  under  the  provisions  of  the  Land  Acquisition
Act,  1894.

8[(1A) Save  as  otherwise  provided  in  this  Act  or  any  other  law
for  the  time  being  in  force  where  any  land  included  in  any plan

Power  of
State
Govern-
ment  to
acquire
lands  for
purpose
other  than
the  one  for
which  it  is
designated
in  any 9*
plan  or
scheme.

I  of
1894.

1 Sub-section  (4)  was  added  by  Mah.  14  of  1971, s.  6(3).
2 These words were substituted for the words “If a declaration” by Mah. 10

of  1994,  s.  13(c)(i).

3 These brackets, words and figures were substituted for the brackets, words

and  figures  (Amendment)  Act,  1970, ibid.,  s.  13  (c)(ii).

4 This  section  was  re-numbered  as  sub-section  (1),  by  Mah.  16  of  2009.
5 This portion was substituted for the portion begining with “or if proceedings
for  the  acquisition  of  such  land”  and  ending  with  the  words  “if  within
six  months.” ibid.,  s.  2  (a).

6 Sub-section  (2)  was  added, ibid.,  s.  2(b).
7 These words were substituted for the words  “ any draft plan or scheme”

by  Mah.  11  of  1973,  s.  7.

8 Sub-section  (IA)  was  inserted  by  Mah.  10  of  1994,  s.  14.
9 The  word  “draft”  was  deleted  by  Mah.  6  of  1976,  s.  32(c).

88

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

or  scheme  as  being  reserved,  allotted  or  designated  for  any  purpose
therein  specified  or  for  the  purposes  of  a  Planning  Authority  or
Development  Authority  or  Appropriate  Authority,  is  being  acquired
by  the  State  Government  under  the  provisions  of  the  Maharashtra
Industrial  Development  Act,  1961,  for  the  Maharashtra  Industrial
Development Corporation (being the Special Planning Authority deemed
to have been  appointed as such under  sub-section (1A) of section  40,
the provisions of sub-sections (2) and (3) of this section shall mutatis
mutandis, apply  to  such  acquisition  proceedings.]

(2) In  the  proceedings  under  the  Land  Acquisition  Act,  1894,  the
Planning  Authority,  or  Development  Authority  or  Appropriate
Authority,  as  the  case  may  be,  shall  be  deemed  to  be  a  person
interested  in  the  land  acquired;  and  in  determining  the  amount  of
compensation  to  be  awarded,  the  market  value  of  the  land  shall  be
assessed  as  if  the  land  had  been  released  from  the  reservation,
allotment  or  designation  made  in  the 1[any  plan  or  scheme]  or  new
town,  as  the  case  may  be,  and  the  Collector      or  the  Court  shall
take  into  consideration  the  damage,  if  any,  that  Planning  Authority
or Development Authority or Appropriate Authority, as the case may
be, may sustain by reason of acquisition of such land under the Land
Acquisition  Act,  1894,  or  otherwise,  and  the  proportionate  cost  of
the Development plan or town planning scheme or new town, if any,
incurred  by  such  Authority  and  rendered  abortive  by  reason  of  such
acquisition.

Mah.
III  of
1962.

I  of
1894.

I  of
1894.

(3) On the land vesting in the State Government under sections
16  or  17  of  the  Land  Acquisition  Act,  1894,  as  the  case  may  be,
the 2[relevant  plan  or  scheme]  shall be  deemed  to  be  suitably  varied
by  reason  of  acquisition  of  the  said  land.

I  of
1894.

Possession
of  land  in
case  of
urgency.

129.

(1) At any time after the publication of a notification under
sub-section  (2) of  section  126,  where  the  State  Government,  on  an
application  of  the  Planning  Authority,  Development  Authority  or
Appropriate  Authority,  is  satisfied  that  the  possession  of  any  land
which  is  reserved  or  designated  for  a  public  purpose  either  under
a  Regional  plan  or  Devlopment  plan 3 *
*  is  urgently
required in the public interest by that Authority, the State Government
may,  by  an  order  in  writing  authorise  the  Collector to  enter  on  and

*

*

*

1 These words were substituted for the words “draft Regional Plan, draft Development
plan  or  draft Town Planning Scheme”  by  Mah.  6  of  1976,  s. 32(a).

2 These  words  were  substituted  for  the  words  “relevant  draft  plan  or  scheme”

ibid.,  s.  32(b).

3The  words “whether  arable,  waste  or  open”  were  deleted  by  Mah.  42  of  1973,

s.  4.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

89

take  possession  of  the  land  under  acquisition  after  giving  a  notice
of  fifteen  days; and thereupon,  the  right  or  interest  in that  land
shall  be  extinguished  from  the  date  specified  in  the  order;  and  on
the  date  on which  possession  is  taken,  the  land  shall  vest  without
any  further  assurance  and  free  from  encumbrances  in  the  State
Government :

Provided  that,  before  or  at  the  time  of  taking  possession  of  any
land  under  this  sub-section,  the  Collector  shall  offer  to  the  person
interested  compensation  for  the  standing  crops  and  trees,  if  any,  on
such  land;  and  for  any  damage  sustained  by  him  which  is  caused
by  such  sudden  dispossession  and  not  excepted  in  section  24  of  the
Land  Acquisition  Act,  1894,  and  if  such  offer  is  not  accepted,  the
value  of  such  crops  and  trees  and  the  amount  of  such  other  damage
shall  be  allowed  in  awarding  compensation  for  the  land  under  the
provisions  of  the  said  Act.

I  of
1894.

(2) Where  possession  of  land  is  taken  under  sub-section  (1),  the
Planning  Authority,  the  Development  Authority  or  as  the  case  may
be, Appropriate Authority shall subject to the provisions of sub-section
(1),  pay  to  the  owner  concerned  interest  at  4  per  cent.  per  annum,
on  the  amount  of  compensation  from  the  date of  taking  possession
of  the  land  under  acquisition  to  the  date  of  payment.

(3) Where  possession  of  land  is  taken  under  sub-section    (1),  the
Planning  Authority,  or  Development  Authority,  or  as  the  case  may
be, the  Appropriate  Authority  may,  at  the  request  of  the  person
interested,  pay  an  advance  not  exceeding  two-thirds  of  the  amount
estimated  to  be  payable  to  such  person  on  account  of  the  land  after
executing  an  agreement  in  that  behalf  under  section  157.

CHAPTER VIII.

FINANCE,  ACCOUNT AND  AUDIT.

130. (1) Every Regional Board 1[Special Planning Authority (other
than a Special Planning Authority appointed under clause (b) of sub-
section (1) of section 40] or Development Authority 2[constituted under
sub-section  (2)  of  section  113]  shall  have  and  maintain  its  own  fund
to  which  shall  be  credited—

Funds.

(a) all  moneys  received  by  such  Board  or  Authority  from  the
State  Government  by way  of  grants,  loans,  advance  or  otherwise,

1 This  portion  was  substituted  for  the  words  “Planning  Authority”  by  Mah.  2

of  1973,  s.  8.

2 This  portion  was  inserted  by  Mah.  21  of  1971,  ss.  12,  13  and  14.

H  4078—13

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Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

(b) all fees or charges received by such Board or Authority under

this  Act  or  rules  or  regulations  thereunder ;

(c) all  moneys  received  from  any  other  source.

(2) The  fund  shall  be  applied  towards  meeting—

(a) the  expenditure  incurred  in  the  administration  of  this  Act;

(b) the  cost  of  acquisition  of  land  in  the  area  of  the  Authority

concerned  incurred  for  purposes  of  development ;

(c) the  expenditure  for  any  development  of  land  in  the  area  of

the  Authority  concerned  undertaken  by  such  Authority;  and

(d) the  expenditure  for  such  other  purposes  as  the  State

Government  may  direct.

(3) Every Regional Board, 1[Special Planning Authority (other than
a Special Planning Authority appointed under clause (b) of sub-section
(1) of section 40)] or Development Authority 2[constituted under sub-
section (1) of section 113] may keep in current account in the Reserve
Bank of India or the State Bank of India or any other Bank approved
by  the  State  Government  in  this  behalf,  such  sum  of  money  out
of  its  funds  as  may  be  prescribed  by  the  rules  and  any  money  in
excess  of  the  said  sum  shall  be  invested  in  such  manner  as  may
be  approved  by  the  State  Government.

(4) The  State  Government  may,  after  due  appropriation  made  by
the Legislature of the State by law in this behalf, make such grants,
advances  and  loans  to  the  Board  or  the  Authority  concerned  as  it
may deem necessary for the performance of the functions under this
Act;  and  all  grants,  loans  and  advances  so  made  shall  be  on  such
terms  and  conditions  as  the  State  Government  may  determine.

Budget.

1

131. Every  Regional  Board,

[Special  Planning  Authority  (other
than a Special Planning Authority appointed under clause (b) of sub-
section  (1)  of  section  40)]  or  Development  Authority 2[constituted
under  sub-section  (2)  of  section  113]  shall  prepare  in  such  form  and
at  such  time  every  year  as  may  be  prescribed  by  rules,  a  budget
in  respect  of  the  financial  year  next  ensuing,  showing  the  estimated
receipts and expenditure of such Board or Authority and shall forward
to  the  State  Government  such  number  of  copies  thereof  as  may  be
prescribed  by  rules.

1 This portion was substituted for the words “ Planning Authority ” by Mah.

11  of  1973,  s.  8.

2 This  portion  was  inserted  by  Mah.  21  of  1971,  ss.,  12,  13  and  14.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

91

1[132. (1) Every Regional Board shall maintain proper accounts and
other  relevant  records  and  prepare  annual  statement  of  accounts
including  the  balance  sheet  in  such  form  as  the  State  Government
may  by  rules  prescribe.

Accounts
and Audit
of
Regional
Board.

(2) The accounts of every Regional Board shall be subject to audit
annually  by  the  Chief  Auditor,  Local  Fund  Accounts  of  the  State ;
and  any  expenditure  incurred  by  him  in  connection  with  such  audit
shall  be  payable  by  that  Board  to  the  Chief  Auditor.

(3) The Chief Auditor or any person appointed by him in connection
with  the  audit  of  accounts  of  the  Board  shall  have  the  same  right,
privilege  and  authority  in  connection  with  such  audit  as  the  Chief
Auditor has in connection with the accounts of local authorities; and
in  particular,  shall  have  the  right  to  demand  the  production
of  books  of  accounts,  connected  vouchers  and  other  documents  and
paper  and  to  inspect  the  office  of  the  Board.

(4) The accounts of every Regional Board as certified by the Chief
Auditor or any other person appointed by him in this behalf together
with  the  audit  report  thereon  shall  be  forwarded  annually  to  the
State  Government.

132A.  (1)  Every  Special  Planing  Authority 2[other  than  a  Special
Planning  Authority  appointed  under  clause  (b) of  sub-section  (1)  of
section 40)] and Development Authority constituted under sub-section
(2)  of  section  113  (hereinafter  in  this  section  collectively  referred  to
as “ the said Authorities ”) shall maintain books of accounts and other
books  in  relation  to  its  functioning  under  this  Act  in  such  from  and
in  such  manner  as  the  State  Government  may  by  rules  prescribe.

Accounts
and audit
of  Special
Planning
Authority
and
Development
Authority.

(2)  The  accounts  of  the  said  Authorities  shall  be  audited  by  an
auditor  appointed by  the State  Government in  consultation with  the
Comptroller  and  Auditor  General  of  India.

(3)  As  soon  as  the  accounts  of  the  said  Authorities  are audited,
the  said  Authorities  shall  send  a  copy  thereof  together with  the  copy
of  the  report  of  the  auditor  thereon  to  the  State  Government.

(4) The State Government shall cause accounts of the said Authorities
together  with  the  audit  report  thereon  forwarded  to  it  under  sub-
section  (3) to  be  laid  annually  before  each  House  of  the  State
Legislature].

1 Section 132 and  132A were substituted for  section 132 by Mah.  6 of 1976,

s.  33.

2 These words were substituted for the words “Planning Authority” by Mah.

11  of  1973,  s.  8.

H  4078—13a

92

Submission
of  report.

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

133. (1)  Every  Regional  Board 1[Special  Planning  Authority]  or
Development  Authority  shall  prepare  for  every  year  a  report  of  its
activities  during  that  year  and  submit  the  report  to  the  State
Government in such form on or before such date as may be prescribed
by  rules.

(2) The  State  Government  shall  prepare  for  every  year  a  report
of  the  activities  including  the  accounts  of  every  Regional  Planning
Board, 1[Special Planning Authority] or Development Authority during
that  year.  The  State  Government  shall  cause  a  copy  of  the  report
to  be  laid  before  the  State  Legislature.

Pension
and
Provident
Funds.

134. (1)  Every  Regional  Board 1[Special  Planning  Authority]  or
Development  Authority  may  constitute  for  the  benefit  of  its  whole
time  paid  members  and  of  its  officers  and  other  employees,  in  such
manner and subject to such conditions as may be prescribed by rules,
such  pension  or  provident  fund  or  both  as  it  may  deem  fit.

(2) Where any such pension or provident  fund  has been constituted,
the State Government may declare that the provisions of the Provident
Funds Act, 1925 shall apply to such fund as if it were a Government
Provident  Fund.

19  of
1925.

Power  of
entry.

CHAPTER  IX.

SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS.

135. (1)  The  Director  of  Town  Planning  or  any  officer  authorised
by him, the Town Planning Officer of any Regional Board or Planning
Authority,  the  Arbitrator,  or  any  person  authorised  by  the  State
Government,  Regional  Board,  Planning  Authority,  Development
Authority  or Arbitrator  may  enter into  or upon  any  land or  building
with  or  without  assistants  or  workmen  for  the  purpose  of  the
preparation  of  a  plan  or  scheme  under  this  Act  by—

(a) making any measurement or survey or taking levels of such

land  or  building  ;

(b) setting  out  and  marking  boundaries  and  intended  lines  of

development ;

(c) marking such levels, boundaries and  lines by placing marks

and  cutting  trenches ;

(d) examining  works  under  construction  and  ascertaining  the

course  of  sewers  and  drains ;

(e) ascertaining whether any land is being or has been developed
in contravention of any provision of this Act, or rules or regulations
thereunder  :
Provided  that,—

(i) in the case of any building used as a dwelling-house, or upon
any  enclosed  part  of  garden  attached  to  such  a  building,  no  such

1 These  words  were  substituted  for  the  words  “Planning  Authority”  by  Mah.

11  of  1973,  s.  9.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966
entry shall be made except between the hours of sunrise and sunset
or  without  giving  its  occupier  at  least  24  hours’  notice  in  writing
of  the  intention  to  enter ;

93

(ii)  sufficient  opportunity  shall  in  every  instance  be  given  to
enable  women  (if  any)  to  withdraw  from  such  land  or  building ;
(iii) due  regard  shall  always  be  had,  so  far  may  be  compatible,
with  the  exigencies  of  the  purpose  for  which  the  entry  is  made,
to  the  social  and  religious  usages  of  the  occupants  of  the  land
or  building  entered.
(2) The  power  of  the  Director  of  Town  Planning  shall  extend  to
the whole of the State ; and the power of any Town Planning Officer
or any person authorised by the Regional Board, Planning Authority
or  Development  Authority  shall  extend  only  to  the  area  under  the
jurisdiction of  such Board or  Authority; and  the power of the  person
authorised  by  the  Arbitrator  or  State  Government  shall  extend  to
such area as the Arbitrator or State Government may specify in this
behalf.

(3) Any  person  who  obstructs  the  entry  of  a  person  empowered
or  authorised  under    this    section  to    enter  into  or  upon  any  land
or  building  or  molests  such  persons  after  such  entry  shall,  on
conviction,  be  punished  with  imprisonment  for  a  term    which    may
extend to six months, or with fine which may extend to one thousand
rupees  or  with  both.

136.  (1)  All  documents  including  notices  and  orders  required  by
this  Act  or  any  rule  or  regulation  made  thereunder  to  be  served
upon  any  person  shall,  save  as  otherwise  provided  in this  Act  or
rule  or  regulation,  be  deemed  to  be  duly  served—

(a)  where  the  document  is  to  be  served  on  a  Government
department, railway, local authority, statutory authority, company,
corporation,  society  or  other  body,  if  the  document  is  addressed
to  the  head  of  the  Government  department,  General  Manager  of
the  railway,  secretary  or  principal  officer  of  the  local  authority,
statutory  authority,  company,  corporation,  society  or  any  other
body at its  principal, branch, local or registered office,  as the case
may  be,  and  is  either—

(i)  sent  by  registered  post  to  such  office ;  or
(ii)  delivered  at  such  office ;

(b) where  the  person  to  be  served  is  a  partnership,  and  if  the
document  is  addressed  to  the  partnership  at  its  principal  place  of
business,  identifying  it  by  the  name  or  style  under  which  its
business  is  carried  on,  and  is  either—

(i)  sent  by  registered  post  to  such  office ;  or
(ii)  delivered  at  the  said  place  of  business ;

(c) in any other case, if the document is addressed to the person

to  be  served  and—

(i)  is  given  or  tendered  to  him;  or
(ii)

if  such  person  cannot  be  found,  is  affixed  on  some
conspicuous part of his last known place of residence or business,
or  is  given  or  tendered  to  some  adult  member  of  his  family
or  is  affixed  on  some  conspicuous  part  of  the  land  or  building
to  which  it  relates;  or

(iii)  if  sent  by  registered  post  to  that  person.

Service of
notice, etc.

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Maharashtra Regional and Town
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[1966 : Mah. XXXVII

(2) Any document which is required or authorised to be served on the
owner or occupier of any land or building may be addressed “ the owner ”
or “ the occupier ”, as the case may be, of that land or building (naming
or describing that land or building) without further name or description
and shall be deemed to be duly served—

(a) if the document so addressed is sent or delivered in accordance

with clause (c) of sub-section (1); or

(b) if the document so addressed or a copy thereof so addressed, is

delivered to some person on the land or building.
(3) Where a document is served on a partnership in accordance with
this section, the document shall be deemed to be served on each partner.
(4) For the purpose of enabling any documents to be served on the
owner  of  any  property,  the  Secretary  to  the  Regional  Board  or  the
Planning Authority or Development Authority may by notice in writing
require  the  occupier  (if  any)  of  the property  to  state  the  name  and
address of the owner thereof.

(5) Where the person on whom a document is to be served is a minor,
the service upon his guardian or any adult member of his family shall be
deemed to be service upon the minor.

(6) A  domestic  servant  is  not  a  member  of  the  family  within  the

meaning of this section.

137. Every public notice given under this Act or rules or regulations
thereunder shall be in writing over the signature of the Secretary to the
Regional Board or Planning Authority or Development Authority or such
other  officer  who  may  be  authorised  in  this  behalf  by  such  Board  or
Authority and shall be widely made known in the locality to be affected
thereby, affixing copies thereof in conspicuous public places within the
said  locality  and  by  publishing  the  same  by  beat  of  drum
or by advertisement in one or more local newspapers, and by such other
means which the Secretary thinks fit.

138. Where  any  notice,  order  or  other  document  issued  or  made
under  this  Act  or  any  rule  or  regulation  made  thereunder  requires
anything to be done for the doing of which no time is fixed in this Act or
rule  or  regulations  thereunder,  the  notice,  order  or  other  document
shall specify a reasonable time for doing the same.

139. All permissions, orders, decisions, notice and all documents of
a Regional Board, Planning Authority or Development Authority shall
be authenticated by the signature of the Secretary to the Regional Board
or Planning Authority   or Development Authority or such other officer
as may be authorised by such Board or Authority in this behalf.

140.

(1)  If  the  person  committing  an  offence  under  this  Act  is  a
company, every person, who, at the time of the offence was committed
was in charge of, and was responsible to, the company for the conduct of
the business of the company, as well as the company shall be deemed to
be guilty of the offence and shall be liable to be proceeded against and
punished accordingly :

Provided that, nothing contained in the sub-section shall render any
such person liable to any punishment provided in this Act, if he proves
that  the  offence  was  committed  without  his  knowledge  or  that  he
exercised all due diligence to prevent the commission of such offence.

Public
notice  how
to be made
known.

Notices,  etc.
to fix
reasonable
time.

Authentica-
tion  of
orders  and
documents.

Offences  by
Companies.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966
(2) Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by a company and it is proved
that the offence has been committed with the consent or connivance of,
or is attributable to any neglect on the part of, any director, manager,
secretary  or  other  officer  of  the  company,  such  director,  manager,
secretary or other officers shall also be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.

95

Explanation.—For the purpose of this section—
(a) “company ” means a body corporate and includes a firm or other

association of individuals; and

(b) “ director ” in relation to a firm means a partner in the firm.

If any person—

141.
(a) obstructs,  or  molests  any  person  engaged  or  employed  by  a
Regional Board, Planning Authority or Development Authority or any
person  with  whom  any  such  Board  or  Authority  has  entered  into  a
contract, in the performance or execution by such person of his duty or
of anything which he is empowered or required to do under this Act, or
(b) remove  any  mark  or  boundary  stone  set  up  for  the  purpose  of
indicating  any  level  or  direction  necessary  to  the  execution  of  any
development authorised under this Act,
he shall on conviction, 1[be punished with imprisonment for a term which
may extend to one year, or with fine which may extend to one thousand
rupees or with both].

142. No prosecution for any offence punishable under this Act or
rules made thereunder shall be instituted or no prosecution instituted
shall be   withdrawn, except with the previous sanction of the Regional
Board,  Planning  Authority,  or  as  the  case  may  be,  a  Development
Authority or any officer authorised by such Board or Authority in this
behalf.
143.

(1) The Regional Board or Planning Authority or Development
Authority concerned or any person authorised in this behalf by general
or  special  order  may  either  before  or  after  the  institution  of  the
proceedings   compound any   offence made punishable by or under this
Act or rules made thereunder.

(2) When an offence has been compounded, the offender, if in custody,
shall be discharged; and no further proceedings shall be taken against
him in respect of the offence compounded.

144. No  court  inferior  to  that  of  a  judicial  magistrate  of  the  first

class shall try an offence punishable under this Act.

V
o f
1898.

145. Notwithstanding anything contained in section 32 of the *Code
of  Criminal  Procedure,  1898,  it  shall  be  lawful  for  any  Presidency
Magistrate  or  Magistrate  of  the  First  Class  to  pass  any  sentence
authorised by this Act in excess of its power under the said section.

1 These  words  were  substituted  for  the  words  “be  punished  with  fine  which  may
extend to two hundred rupees or with inprisonment for a term which may extend
to two months,” by Mah. 31 of 1983,s.7.

* Now  see  Code  of  Criminal  Procedure,  1973  (2  of  1974).

Penalty  for
obstructing
contractor  or
removing
mark.

Sanction  of
prosecution.

Compounding
of  offences.

Jurisdiction
of  courts.

Magistrate’s
power  to
impose
enhanced
penalties.

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Maharashtra Regional and Town
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[1966 : Mah. XXXVII

Members  and
officers  to  be
public
servants.

146. Every  member  and  every  officer  and  other  employee  of  a
Regional Board or Planning Authority or Development Authority shall
be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code.

XLV
o f
1860.

Protection  of
action  taken
in  good  faith.

147. No suit, prosecution or other legal proceeding shall lie against
any person for anything which is in good faith done or intended to be
done under this Act or any rules or regulations made thereunder.

Registration
of  docu-
ments,  plan
or  map  in
connection
with    final
plan  or
scheme  not
required.

148.

(1) Nothing in the Indian Registration Act, 1908,   shall be
deemed  to require  the  registration  of  any  document,  plan  or  map
prepared, made or sanctioned in connection with a final Regional plan
or  final  Development  plan  or  final  town  planning  scheme  which  has
come into force.

XVI
o f
1908.

(2)  All  such  documents,  plans  and  maps  shall,  for  the  purposes  of
sections 48 and 49 of the Indian Registration Act, 1908, be deemed to
have been and to be registered in accordance with the provisions of that
Act :

XVI
o f
1908.

Finality  of
orders.

Validation
of  acts  and
proceedings.

Provided that, documents, plans and maps relating to the sanctioned
plan or scheme shall be accessible to the public in the manner prescribed.

149. Save as otherwise expressly provided in this Act, every order
passed or direction issued by the State Government or order passed or
notice  issued  by  any Regional  Board,  Planning  Authority  or
Development Authority under this Act shall be final and shall not be
questioned in any suit or other legal proceedings.

150. (1) No act done or proceeding taken under this Act shall be

questioned on the ground merely of—

      (a)  the existence of any vacancy in, or any defect in the constitution

of a Regional Board, Planning Authority or Development Authority;

(b) any psrson having ceased to be a member;

(c)  any person associated with a Regional Board, under section

10 havingvoted in contravention of the said section; or

(d) the  failure  to  serve  a  notice  on  any  person,  where  no

 substantial injustice has resulted from such failure; or

(e) any ommission, defect or irregularity not affecting the merits

of the case.

1

(2)  Every  meeting  of  a  Regional  Board,  Planning  Authority  or
[Development Authority, constituted under sub-section (2) of section
113], the minutes of the proceedings of which have been duly signed as
prescribed  shall be  taken  to  have been  duly  convened  and to  be  free
from all defects and irregularity.

Power  to
delegate.

151.

(1) The State Government may, by a notification in the Official
Gazette, delegate any power exercisable by it under this   Act, or rules
thereunder to   any officer of the State Government 2[in such case and
subject to such conditions, if any, as may be specified in such notification].

1 This portion was substituted for the words “Development Authority” by Mah. 21

of 1971, s. 15.

2 These words were added by Mah. 6 of 1976, s. 34.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

97

(2) The  Director  of  Town  Planning  may,  by  an  order  in  writing,
delegate  any power  exercisable  by  him  under  this  Act  or  rules
thereunder to any officer subordinate to him in such case and subject
to such conditions, if any, or may be specified therein.

(3) Any Regional Board, Planning Authority or Development Authority
may, by a resolution, direct that any power exercisable by it under this
Act, rules, or regulations thereunder (except the power to prepare any
Regional plan, Development plan, town planning scheme or the plan of
the New Town or to make regulations) may also be exercised by any
officer of the State Government with the previous consent of the State
Government, the Regional Board, Planning Authority or local authority
or Development Authority as may be mentioned therein, in such cases
and subject to such conditions, if any, as may be specified therein.

(4) The  Town  Planning  Officer  of  any  Regional  Board,  Planning
Authority or Development Authority may, by an order in writing, delegate
any power exercisable by him under this Act, or rules or regulations
thereunder to any officer of the Regional Board, Planning Authority or
local authority or local authority or Development Authority concerned,
in such cases and subject to such conditions, if any, as may be specified
therein.

152. Notwithstanding anything contained in section 151, the powers
and  functions  of  a  Planning  Authority  or  New  Town  Development
Authority shall, for the purposes of sections 25, 43, 44, 45, 46, 49, 51, 53,
55, 56, 58,89, 90,107, 112,1[126 (1)(b)], 135, 136 and 142 be exercised and
performed by the following officers, namely :—

(1) in  the  case  of  a  Municipal  Corporation,  by  the  Municipal
Commissioner or such other officer as he may appoint in this behalf;
(2) in the case of a Zilla Parishad, by the Chief Executive Officer

or such other officers as he may appoint in this behalf;

(3) in the case of a Municipal Council, by the Chief Officer of the

Council; and

(4) in  the  case  of  any  other  local  authority,  Special  Planning
Authority or New Town Development Authority, by the Chief  Executive
Officer or person exercising such powers under Acts applicable to such
authorities :
2[Provided that, in the case of a New Town Development Authority
declared under sub-section (3A) of section 113, that Authority shall, for
the purpose of information of the public, publish in the Official Gazette,
and in such other manner as it may consider necessary, the officers of
the Authority who will exercise the powers and perform the functions,
of that Authority for the purposes of this Act:]

3[Provided further that, the State Government may, by a notification in
the Official Gazette, delegate any of the powers exercisable under sections
44,45,  46,  51,  53,  54, 55,  56,135  and  136  of  this  Act  by  the  Slum
Rehabilitation Authority appointed under the Maharashtra Slum Areas
(Improvement, Clearance and Redevelopment) Act, 1971, acting as the
Planning  Authority,  to  the  Chief  Executive  Officer  of  the  Slum
Rehabilitation Authority.]

1 These figures, brakets and letter were inserted by Mah. 10 of 1994, s. 15.
2 This proviso was added by Mah. 21 of 1971, s. 16.
3 This proviso was added by Mah. 5 of 1996, s. 6.

H  4078—14

Mah.
XXV-
III  of
1971.

Powers  of
Planning
Authority  or
Development
Authority  to
be  exercised
by  certain
officers.

98

Power  of
planning
Authority  to
borrow
money  for
Development
plan  or  for
making    or
executing
town
planning
scheme.

Control  by
State
Government.

Returns  and
information.

Effect  of
laws.

Power  to
make
agreements.

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

IX  of
1914.

153.

(1) A Planning Authority may, for the purpose of a Development
plan  or  the  making  or  execution  of  a  town  planning  scheme,  borrow
loans  in  accordance  with  the  provisions  of  the  Act  under  which  that
Authority is constituted or if such Act does not contain any provision for
such borrowing,  in accordance  with the  Local Authorities  Loans Act,
1914.

(2) Any  expenses  incurred  by  a  Planning  Authority  or  the  State
Government under this Act or in connection with a Development plan
or  a  town  planning  scheme  may  be  defrayed  out  of  the  funds  of  the
Planning Authority.

154.

(1) Every Regional Board, Planning Authority and Development
Authority shall carry out such directions or instructions as may be issued
from  time  to  time  by  the  State  Government  for  the  efficient
administration of this Act.

(2) If  in, or in connection with, the exercise of its powers and discharge
of  its  functions  by  any  Regional  Board,  Planning  Authority  or
Developmment Authority under this Act, any dispute arises between
the Regional Board, Planning Authority or Development Authority, and
the State Government, the decision of the State Government on such
dispute shall be final.

155.

(1) Every Regional Board, Planning Authority and Development
Authority shall furnish to the State Government such reports, returns
and  other  information as  the  State  Government  may  from  time  to
time require.

(2) Every local authority shall furnish to a Regional Board, Planning
Authority or Development Authority (within the limits of which that
local authority is functioning) such report, returns and other information
as the Board or Authority may require.

156. Notwithstanding anything contained in any law for the time

being in force —

1

*

*

*

*

*

 *
(b) when permission for such development has not been obtained
under this Act, such development shall not be deemed to be lawfully
undertaken or carried out by reason only of the fact that permission,
approval  or  sanction  required under  such  other  law  for  such
development has been obtained.
157.

(1) Unless  otherwise    provided    in  this  Act,  a  Planning
Authority or Development Authority shall be competent to make any
agreement with any person or party in respect of any matter which is
provided for under this Act subject to the right of the State Government
to modify or disallow such agreement.

(2) Such agreement shall not in any way affect the rights of the State
Government or third parties, but it shall be binding on the parties to the
agreement notwithstanding any decision that may be passed by the
State Government:

Provided that, if the agreement is modified by the State Government,

either party shall have the option of avoiding it if it so elects.

1 Clause (a) was deleted by Mah. 10 of 1977, s. 7.

99

Authentica-
tion  of  plans
and  schemes
and  custody
thereof.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

1[157A.

(1) Every Regional plan, Development plan or town planning
scheme, which is finally sanctioned by the State Government shall be
drawn up in duplicate, and every such plan or scheme on every page
thereof  shall  be  authenticated  under  the  seal  and  signature  of  the
Secretary  to  Government, 2[Urban  Development  and  Public  Health
Department or such other officer not below the rank of a Deputy Secretary
as may be specified by the Secretary]. One such plan or scheme shall be
deposited with the Director of Town Planning and sealed with his
seal  and  the second  shall  be  deposited  with  the  Planning  Authority
concerned 3[and in the case of a Regional Plan, such second copy together
with all the documents, plans and maps relating thereto shall be deposited
in the Head Office of the Board, and if the Board is dissolved, then in the
nearest office of the State Planning and Valuation Department].

[(1A) Every such plan or scheme required under sub-section (1) of
this section to bear the signature of the Secretary or such other officer
shall be deemed to be properly signed if the first and the last page of
such plan or scheme are signed by the Secretary or such other officer
and the intervening pages thereof bear the seal and fascimile  of  the
Secretary or such other officer thereon.]

4

(2) The plan or scheme deposited with the Director of Town Planning
under seal shall be kept under lock and key and in custody of the Director
of  Town  Planning  and  shall  not  be  utilised  unless  it  is  required  for
production  in  any  court  or  by  any  authority  duly  empowered  in  this
behalf by the State Government for verifying any entry made or alleged
to be made in any such plan or scheme; and a certified copy of any plan
or scheme or any part thereof may be given to any person on payment of
a fee therefor.

(3)  Where  a  plan  or  scheme  or  any  part  thereof  is  produced  for
verification,  such  plan  or  scheme  or  part  after  the  relevant  entry  or
entries therein are duly verified (such verification being made in court,
or as the case may be, in the presence of the Director of Town Planning
or any officer duly nominated by him in that behalf), shall be resealed
with the seal of the Director of Town Planning, and then deposited with
him in the manner aforesaid.

(4) If any officer or person having custody of a plan, scheme or any
part  thereof,  makes  or  causes  to  be  made  any  change  in  such  plan,
scheme or in any part, such change not being authorised by or under
the  provisions  of  this  Act,  he  shall  on  conviction,  be  punished  with
imprisonment which may extend to six months and shall also be liable
to a fine.]
158.

(1) The State Government may, by notification in the Official
Gazette, and subject to the condition of previous publication, make rules
to carry out all or any of the purposes of this Act.

(2) In  particular  and  without  prejudice  to  the  generality  of  the
foregoing  power, the  State  Government  may  make  rules  for  all  or
any of the following matters :—

(i) under sub-section (1) of section 5, the term of office and conditions

of service of members of a Regional Board;

Power  to
make  rules.

1 Section 157 A was inserted by Mah. 24 of 1968, s. 3
2 These words were substituted for the words “Urban Development, Public Health

and Housing Department” by Mah. 6 of 1976, s. 35 (1) (a).

3 These words  were added, ibid,  s. 35  (1)  (b).
4 Sub-section  (1A)  was  inserted, ibid.,  s.  35  (2)

H  4078—14a

100

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

(ii)  under  section  8,  rules  subject  to  which  a  Regional  Board  may

exercise powers and discharge duties;

(iii)  under  sub-section  (4)  of  section  10,  the  allowances  payable  to

members of a Regional Planning Committee;

(iv) under section 13, rules subject to which survey of a Region and
preparation of Regional plan may be made as provided in that section;
(v) under section 14, the form of a Regional plan and the manner in

which it may be published;

(vi)  under  sub-section  (1)  of  section  15,  the  period  within  which  a

Regional Plan may be approved as provided in that section;

1

[(vii) under sub-section (1) of section 16, the other manner in which a
notice of the preparation of a draft Regional plan shall be published;]
(viii) under section 17, the manner in which a notice of approval of a

Regional plan shall be published;

2[(ix) under sub-sections (2) and (3) of section 20, the other manner in
which a notice of the revision and approval of the revision, of a Regional
plan shall be published;]

[(x) under sub-sections (1), (2) and (4) of section 21, the other manner
in which a notice regarding preparation of the draft Development plan
shall be published;]

3

(xi) under sub-section (1) of section 23, the manner in which a notice
of  declaration  of  intention  to  prepare  a  Development  plan  shall  be
published by a Planning Authority in one or more local newspapers;
(xii) under section 24, the qualifications of a person to be appointed as

Town Planning Officer;

4

[(xii-a) under sub-section (1) of section 26, the other manner in which
a notice regarding preparation of the draft Development plan shall be
published;

(xii-b)  under  sub-section  (1)  of  section  32,  the  other  manner  of
publication a notice regarding preparation of the interim Development
plan;]

(xiii) under section 44, the form in which application for permission
to  carry  out  any  development  on  land  shall  be  made  to  a  Planning
Authority, the particulars which such application shall contain and the
documents and fees, if any, which shall accompany it and exceptions to
be made as provided in that section;

(xiv) under sub-section (2) of section 45, the form of commencement
certificate;
(xv) under sub-section (1) of section 47, the manner in which an appeal
under  that  section  shall  be  made  and  the  fees,  if  any,  which  shall
accompany it ;

(xvi) under sub-section (2) of section 51, the time within which and
the manner in which claim for compensation shall be made and under
sub-section (3) of that section the time within which notice of refusal to
accept compensation shall be given;

1 Clause (vii) was substituted for the original by Mah. 6 of 1976, s. 36 (1).
2 Clause (ix) was  substituted for  the original, ibid., s.  36(2).
3 Clause (x) was substituted for the original, ibid., s.  36(3).
4 Clauses  (xii-a)  and  (xii-b)  were  inserted ibid.,  s.  36(4).

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

101

(xvii) under sub-section (3) of section 53, the manner of applying for

permission under section 44 ;

(xviii) under sub-section (2) of section 56, the manner in which an
appeal under that sub-section shall be made to the State Government
under  sub-section  (4)  of  that  section  the  time  within  which  and  the
manner in which claims for compensation shall be made; and under sub-
section (5) of that section, the period (after disposal of appeal, if any)
within which and the manner in which a purchase notice on the State
Government shall be served;

(xix)  under  sub-section  (1)  of  section  58,  the  documents  and  plans
which shall accompany an intimation of the intention of any Government
to  carry  out  development  of  any  land  for  the  purposes  of  any  of  its
departments or offices;

(xx) under sub-section (2) of section 60, the other manner in which
the Planning Authority shall publish the declaration of its intention to
make a town planning scheme;

 2

(xxi) under sub-section (1) of section 61, the other manner in which
the Planning  Authority shall 1[publish  a notice  of  making  of] a  draft
town planning scheme;

(xxii) under sub-section (1) of section 63, the manner of

[publication

of a notice] of a draft town planning scheme under that sub-section ;

(xxiii) under  section  64,  the  other  particulars  which  a  draft  town

planning scheme shall contain;

(xxiv) under sub-section (1) of section 69, the form of commencement

certificate ;

(xxv) under sub-section (1) of section 72, the qualifications of a person
to be appointed as Arbitrator; under sub-section (3) of that section, the
procedure to be followed by an Arbitrator, the manner in which he shall
give notices and the form in which he shall draw the final town planning
scheme;

(xxvi) under sub-section (3) of section 83, the manner in which the

Arbitrator shall give notice under that sub-section;

(xxvii) under sub-section (1) of section 89, the procedure for evicting

persons in unauthorised occupation ;

(xxviii) under sub-section (1) of section 90, the notice to be given by

the Planning Authority under that sub-section ;
(xxix) under sub-section (2) of section 91, the

3
[other manner in which
a  notice  shall  be  published  regarding  the  preparation  of ]  a  draft  of
variation of a town planning scheme, and under sub-section (3) of that
section, the other particulars which the draft variation of a town planning
scheme shall contain;

(xxx) under sub-section (2) of section 105, the period within which

payment should be made by an owner to the Planning Authority;

(xxxi)  under  sub-section  (4)  of  section  109,  the  procedure  to  be

followed by the Tribunal,

1 These words were substituted for the word “publish” by Mah. 6 of 1976, s. 36(5).
2 These  words  were  substituted  for  the  words  “making  and  publication” ibid.,

s.  36(6).

3 These  words  were  substituted  for  the  words  “manner  in  which  the  Planning

Authority shall prepare and publish” ibid., s. 36 (7).

102

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

1

[(xxxi-a) the  time  within  which  and  the  manner  in  which  an
application under sub-section (1) of section 124E, shall be made by the
person to the Authority for assessment of development charge payable
by him in respect of institution or change of use, or development of
any land or building ;

(xxxi-b) under sub-section (1) of section 124G, the manner in
which an appeal under that section  shall be made and the fees,  if
any,  which shall accompany it;]
(xxxii) under sub-section (3) of section 130,   the sum to be kept in
current account in the Reserve Bank of India or the State Bank of
India or any other approved Bank ;

(xxxiii) under  section 131,  the form  of the  budget and  the time  at
which it shall be prepared and the number of copies of the budget to be
forwarded to the State Government;

(xxxiv)  under  sub-section  (1)  of  section  132,  the  form  in  which  a
Regional Board 2*     *    *      shall prepare an annual statement of
accounts including the balance sheet;

3

[(xxxiv-a) under sub-section (1) of section 132A, the forms in which
the Special Planning Authority and the Development Authority shall
maintain their books of accounts and other books relating to business
and transactions;]

(xxxv) under sub-section (1) of section 133, the form in which and the
date before which an annual report of its activities shall be submitted to
the State Government by a Regional Board, Planning Authority and
Development Authority;

(xxxvi) under sub-section (1) of section 134, the manner in which and
the conditions subject to which a Regional Board, Planning Authority or
Development Authority shall constitute pension and provident funds;

(xxxvii)  under  sub-section  (2)  of  section  148,  the  manner  in  which
documents, plans and maps, relating to a sanctioned scheme shall be
accessible to the public;

(xxxviii) any other matter for which rules may be made.
(3) Every  rule  made  under  this  section shall  be  laid  as  soon  as
may  be  after  it is  made  before  each  House  of  the  State  Legislature
while  it  is  in  session  for  a  total  period  of  thirty  days  which  may  be
comprised in one session or in two successive sessions, and if, before the
expiry of the session in which it is so laid or the session immediately
following, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall from
the date of publication of a notification in the Official Gazette, of such
decision have effect only in such modified form or be of no effect, as the
case  may  be;  so,  however,  that  any  such  modification  or  annulment
shall be without prejudice to the validity of anything previously done or
omitted to be done under that rule.

1 These clauses were inserted by Mah. 16 of 1992, s. 3.
2 The  words  “Planning  Authority  or  Development  Authority”  were  deleated  by

Mah. 6 of 1976. s. 36(8).

3 Clause (xxxiv-a) was inserted  by Mah. 6 of  1976, s. 36(9).

103

Power  to
make
regulations.

Special
provisions
relating  to
New  Town
Development
Authority
and  Special
Planning
Authority.
Dissolution
of  Regional
Planning
Board,
Special
Planning
Authority
and New
Town
Development
Authority.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

1

159.

[(1)] Any Regional Board, Planning Authority or Development
Authority may, with the previous approval of the State Government,
make  regulations  consistent  with  this  Act  and  the  rules  made
thereunder, to carry out the purposes of this Act, and without prejudice
to the generality of this power,—

(i) a Regional Board or a Development Authority may make,—

(a) regulations subject to  which it shall  exercise   powers  and

perform functions under this Act;

(b) regulations for regulating its procedure and the conduct of

its business at its meeting ;

(c) regulation providing for any other matter which has to be or

may be prescribed by regulations ;
(ii) a Planning Authority may make,—

(a) regulations prescribing the manner in which its order under
sub-section (1) of section 45 shall be communicated to the applicant
seeking permission under that section;

(b) regulations prescribing the time within which and the manner
in which a notice shall be served on the State Government under sub-
section (1) of section 49 ;

(c) regulations providing for any other matter which has to be

or may be prescribed by regulations.
1
[(2) The  State  Government  may  make  special  development  control
regulations consistent with this Act and the rules made thereunder, to
carry out the purpose of executing a Special Township Project and such
regulations  may  be  a  part  of  Development  Control  Regulations  of
Development Plan or Regional Plan, as the case may be.]

2

3

[159A. The provisions of

[the First Schedule] hereto shall apply in
relation to a New Town Development Authority and a Special Planning
Authority referred to in section 40 of this Act.]

160. (1) Where the State Government is satisfied that the purposes
for which any Regional Board, Special Planning Authority or Development
Authority was established under this Act have been substantially achieved
so as to render the continued existence of the Board or Authority in the
opinion  of  the  State  Government  unnecessary,
[or  where  the  State
Government  is  of  opinion  that  the  work  of  acquiring,  developing  and
disposing of land in the area of any new town should be entrusted to any
corporation, company or subsidiary company referred to in sub- section
(3A) of section 113,] the State Government may, by notification in the
Official Gazette, declare that the Regional Board, Special Planning Authority
[constituted under sub-section (2) of section
or Development Authority
113] shall be dissolved with effect from such date as may be specified in
the notification 4[or that the Development Authority declared under sub-
section (3A) of section 113 shall cease to function in relation to such area
of the new town from such date as may be specified in the notification,]

5

4

1 Section 159 was re-numbered  as sub-section (1) thereof  and after  sub-section (1)

as so re-numbered sub-section (2) was added by Mah. 22 of 2005, s. 5.

2 Section 159A was inserted by Mah. 47 of 1974, s. 2.
3 These  words  were  substituted  for  the  words  “the  schedule”  by  Mah.  16  of  1992,

s. 4.

4 This portion was inserted by Mah. 22 of 1973, s. 4(1).
5 This portion was inserted by Mah. 21 of 1971, s. 17.

104

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

and such Board or Authority shall be deemed to be dissolved accordingly
1[or as the case may be, shall be deemed to cease to function in relation
to such area of such new town.]
(2) From the said date—

(a) all properties, funds and dues which are vested in, or realisable
by the Regional Board, Special Planning Authority or Development
Authority 2[for the purposes of the Act] shall vest in, or be realisable,
by the State Government ;

(b) all liabilities which are enforceable against the Regional Board,
Special  Planning  Authority  or  Development  Authority  shall  be
enforceable against the State Government ; and

(c) for the purpose of carrying out any development which has not
been fully carried out by the Board or Authority and for the purpose
of realising properties, funds and dues referred to in clause (a), the
functions  of  the  Regional  Board,  Special  Planning  Authority,  or
Development Authority shall be discharged by the State Government.
3[(3) Where a Development Authority constituted under sub-section
(2)  of  section  113  for  the  area  of  any  new  town  is  dissolved,  and  a
corporation or company in relation to that area is declared to be New
Town Development Authority for that area under sub-section (3A) of
section 113, then the provisions of sub-section (2) of this section shall
consequent upon such dissolution apply with this modification that as if
for the words “ State Government ’’ wherever they occur , the words,
brackets, figures and letter “ Development Authority declared under sub-
section (3A), of section 113 ’’ were substituted.]

161. Where any Planning Authority (which is a local authority) ceases
to  exist  or  ceases  to  have  jurisdiction  over  any  area  included  in  a
development  plan  or  town  planning scheme,  the  property  and  rights
vested in such Planning Authority under this Act shall, subject to all
charges and liabilities affecting the same, vest in such other local authority
or authorities as the State Government may, with the consent of such
local authority or authorities, by notification in the Official Gazette, direct
and such local authorities, or each one of such local authorities shall
have all the powers under this Act in respect of such schemes or such
part of a scheme as comes within its jurisdiction which the Planning
Authority ceasing to exist or ceasing to have jurisdiction had.

162.

(1) If  in the  opinion of the  State Government,  any Regional
Board, Planning Authority or Development Authority is not competent
to exercise or perform, or neglects or fails to exercise or perform, any
power conferred or duty imposed upon it by or under any of the provisions
of this Act, the State Government or any person or persons appointed in
this behalf by the State Government may exercise such power or perform
such duty.

(2) Any expenses incurred by the State Government or by such person
in exercising such power or performing such duty shall be paid out of
the funds of such Board or Authority; and if the Board or Authority fails
to pay the expenses, then the State Government may make an order
directing any person who for the time being has custody of any such
funds to pay such expenses from such funds, and such person shall be
bound to obey such order.

1 This  portion  was  inserted  by  Mah.  22  of  1973,  s.  4(1).
2 These words were inserted by Mah. 21 of 1971, s. 17 (2).
3 Sub-section (3) was added by Mah. 22 of 1973, s. 4(2).

Vesting  of
Property  and
rights  of  local
authority
ceasing  to
exist  or
ceasing  to
have
jurisdiction.

State
Governmnet
or  person
appointed  by
it  may
exercise
power  or
perform  duty
conferred  or
imposed  on
Planning
Authority
and
disbursement
of  expenses.

105

Special
provision  in
case  of
dissolution.
etc.,  of
Corporation,
Zilla
Parishad,
etc.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

Bom.
LIX
o f
1949.
Mah.
V of
1962.
C.  P.
and
Berar
XXX-
VI  of
1936.
Mah.
XL  of
1965.

Bom.
LIX
o f
1949.
Mah.
V of
1962.
Mah.
XL  of
1965
C.  P.
and
Berar
XXX-
VI  of
1936.
Mah.
XL  of
1965.

163. Where a municipal corporation is superseded under sub-section
(1) of section 452 of the Bombay Provincial Municipal Corporations Act,
1949, or where Zilla  Parishad is  dissolved or superseded  under sub-
section  (1)  of  section  260  of  the  Maharashtra  Zilla  Parishads  and
Panchayat Samitis Act, 1961 or where the Nagpur Improvement Trust
is  dissolved  under  sub-section  (1)  of  section  121  of  the  Nagpur
Improvement Trust Act, 1936 (or where an Administrator is appointed
under section 313, or a Municipal Council is dissolved under section 315
of the Maharashtra Municipalities Act,1965)*—

(a) the person or persons appointed under clause (c) of sub-section (2)
of the said section 452 of the Bombay Provincial Municipal Corporations
Act, 1949, or under clause (b) of sub-section (2) of the said section 260 of
the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, or
under clause (b) of section 316 of the Maharashtra Municipalities Act,
1965*, to exercise its powers or to perform its dutis or the municipal
corporation of the city of Nagpur discharging the functions of the Nagpur
Improvement  Trust  under  the  said  section  121  of  the  Nagpur
Improvement Trust Act, 1936, or as the case may be, the Administrator
appointed under section 313 of the Maharashtra Municipalities Act, 1965*,
exercising the powers and functions under section 314 of the Maharashtra
Municipalities  Act, 1965.*  shall  be deemed  to  be  a corporation, Zilla
Parishad,  Municipal  Counicil,  or  as  the  case  may  be,  the  Nagpur
Improvement Trust, within the meaning of clause (15) of section 2 of
this Act and the person or persons, the muncipal corporation of the city
of Nagpur or as the case may be, the Administrator aforesaid so appointed
may exercise all the powers and perform all the duties of a Planning
Authority under this Act during the period of dissolution or supersession
of the aforesaid body or during the term of office of the Administrator,
as the case may be ;

(b) in the event of a person or persons appointed as aforesaid or the
Administrator  exercising  the  powers  and  performing  the  duties  of  a
Planning Authority under this Act, any property which may under the
provisions of this Act vest in the Planning Authority exercising such
powers and performing such duties shall, during the period of dissolution
or  supersession  of  the  local  authorities  aforesaid,  vest  in  the  State
Government; and such property shall at the end of the said period, vest
in such municipal corporation or Zilla Parishad or Municipal Council as
the State Government may, by notification in the Official Gazette, direct.

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 by
Mah. 10 of 1977, s. 8.

* Now see the Maharashtra Municipal Councils, Nagar Panchayats and Industrial

Township Act, 1965 (Mah. XL of 1965).

(G.C.P.)  H  4078—15  (10,115—12-2011)

106

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

Bom.
XX-
VII  of
1955.
Mah.
V of
1962.

Repeal  and
saving.

165.

(1) The Bombay Town Planning Act, 1954 and sections 219 to
226A and clause (xxxvi) of sub-section (2) of section 274 of the Maharashtra
Zilla  Parishads and Panchayat Samitis Act, 1961, are hereby repealed.

(2) Notwithstanding the repeal of the provisions aforesaid, anything
done or any action taken (including any declaration of intention to make
a development plan or town planning scheme, any draft development
plan or scheme published by a local authority, any application made to
the State Government for the sanction of the draft development plan or
scheme,  any  sanction  given  by  the  State  Government  to  the  draft
development plan or scheme or any part thereof, any restriction imposed
on any person against carrying out any development work in any building
or in or over any land or upon an owner of land or building against the
erection  or  re-erection  of  any  building  or  works,  any  commencement
certificate granted, any order or suspension of rule, bye-law, regulation,
notification  or  order  made,  any  purchase  notice  served  on  a  local
authority and the interest of the owner compulsorily acquired or deemed
to be acquired by it in pursuance of such  purchase  notice any revision
of  development plan, any  appointment  made  of Town Planning  Officer,
any proceeding pending before, and decisions of, a Town Planning Officer,
any  decisions  of  Board  of  Appeal,  any  final  scheme  forwarded  to,  or
sanctioned, varied or withdrawn by the State Government, any delivery
of possession enforced, any eviction summarily made, any notice served,
any action taken to enforce a scheme, any costs of scheme calculated
and any payments made to local authorities by owners of plots included
in  a  scheme,  any  recoveries  made  or  to  be  made  or  compensation
awarded or to be awarded in respect of’any plot, any rules or regulations
made) under the repealed provisions shall be deemed to have been done
or taken under the corresponding provisions of this Act, and the provisions
of this Act shall have effect in relation thereto.

(3) All proceedings pending before a Board of Appeal constituted under
the Bombay Town Planning Act, 1954, shall be continued before and
disposed of by the Tribunal of Appeal under this Act as if an appeal had
been made to it in respect thereof.

Bom.
XXV-
II  of
1955.

(4) References to Arbitrator in this Act shall include a  reference to a
Town Planning Officer whose appointment is continued in force under
sub-section (2).

(5) The mention of particular matters in this section shall not affect
the  general  application  to  the  repeal  of  the  provisions  aforesaid  of
section 7 of the Bombay General Clauses Act, 1904 (which relates to the
effect of repeal).

Bom.
I  of
1904.

107

Commence-
ment  of
paragraph  7.

Definition.

Application
of  Bom.  II  of
1956  to
premises  of
relevant
anthority.

Appointment
of  competent
authorities.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966
1[2[ FIRST SCHEDULE ].
( See section 159A ).

Special provisions relating to New Town Development
Authority and Special Planning Authority.

1. The provisions of paragraph 7 shall be deemed to have come into

force on the 1st day of April 1972.

2.

In this Schedule “ the relevant authority ” means the Development
Authority, or, as the case may be, a Special Planning Authority referred
to in section 40  of this Act.

Bom.
II  of
1956.

3.

(1) The State Government may,  by notification  in the Official
Gazette, provide from such date as is  mentioned  therein that the Bombay
Government Premises (Eviction) Act, 1955 (hereinafter in this paragraph
referred  to  as  the  said  Act),  shall,  subject  to  the  provisions  of  sub-
paragraph (2), apply to premises belonging to, vesting in,  or taken on
lease by, a relevant authority as that Act applies in relation to Government
premises.

(2) On a notification being issued under sub-paragraph (1), the said
Act shall apply to such premises with the following modifications, that is
to say —

(a) for clause (b) of section 2 of the said Act, there shall be substituted

the following clause, namely :—

Mah.
XXX-
VII  of
1966.

“ (b) ‘ Authority premises ’ means any premises belonging to, or vesting
in, or taken on lease by, the Development Authority or Special Planning
Authority within the meaning of the Maharashtra Regional and Town
Planning Act, 1966 (hereinafter referred to as the relevant authority);”;
(b) for section 3 of the said Act, there shall be substituted the following

section, namely :—

“ 3. The State Government shall appoint an officer who is holding or
has held office whether under the Government or the relevant authority
which in the opinion of the State Government is not lower in rank than
that of a Deputy Collector or an Executive Engineer, to be the competent
authority for the purposes of the said Act.”;

(c) references  to  ‘ Government  premises ’  in  the    said  Act  shall  be
deemed to be references to ‘ Authority premises ’ and references to ‘ the
State Government ’ in sections 4, 6 and 9 shall be deemed to be references
to the relevant authority ;

(d)

in section 6 of the said Act, in sub-section (1),—

(i)  after  clause  (b),  there  shall  be  inserted  the  following  clause,

namely :—

“ (c) an employee of the relevant authority,”;

(ii) after the words “ or, as the case may be, the local authority ”

the words “ the relevant authority ” shall be inserted.

1 This Schedule was added by Mah. 47 of 1974, s. 3.
2 This heading was substituted for the heading “SCHEDULE”  by Mah. 16 of 1992,

s. 5.

H  4078—15a

108

Non-
application
of  Rent
Control  Acts
to  premises
of  relevant
authority.

Non-
application
of  Mah.
XLV  of
1963  to
relevant
authority.

Recovery  of
moneys  due
to  relevant
authority  as
arrears  of
land  revenue.

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

4.

*The Bombay Rents, Hotel and Lodging House Rates (Control)
Act, 1947 or any other law corresponding thereto for the time being in
force in any part of the State,—

( a) shall not apply to any premises belonging to, or vesting in, the

Bom.
LVII
o f
1947.

relevant authority ;

(b) shall not apply as against the relevant authority to any tenancy,
licence or like relationship created by the relevant  authority in respect
of  any such premises ;

(c) but shall apply in respect of any premises let, or given on licence,

to the relevant authority.

5. Nothing  contained  in  the  Maharashtra  Ownership  Flats
(Regulation of the Promotion of Construction, Sale, Management and
Transfer) Act, 1963, shall apply to the relevant authority.

Mah.
XLV
o f
1963.

6.

(1) Where any sum not being rent payable in respect of any
Authority premises  referred  to  in  paragraph  3  of    this  Schedule,
payable to the relevant authority, whether under any agreement, express
or implied or otherwise howsoever, is not paid on or before the due
date —

(a) and the claim is not disputed the person duly authorised by the
relevant authority shall send to the Collector a Certificate under his
hand indicating therein the sum which is due to the relevant authority
or is claimed by that authority, as the case may be, and thereupon, the
collector  shall  recover  the  sum  due  or  claimed  as  an  arrear  of  land
revenue;

(b) and the claim is disputed it shall be referred to a Tribunal constituted
by the State Government for the purpose which shall after making such
inquiry as it thinks fit, and after giving to the person by whom the sum
is alleged to be payable a reasonable opportunity of being heard, decide
the question; and the decision of the Tribunal shall be final and shall not
be  called  in  question  in  any  court  or  before  any  other  authority.
Thereupon, the Collector shall recover the sum determined to be due as
arrear of land revenue.

(2) The Tribunal shall consist of one  person who is not  connected
with  the  relevant  authority  or  with  the  person  by  whom  the  sum  is
alleged to be payable.

(3) The  expenses  of  the  Tribunal  shall  be  borne  by  the  relevant

authority.

(4) The procedure to be followed by the Tribunal in deciding questions

referred to it shall be such as may be prescribed.

Lump-sum
contribution
by  relevant
authority  in
lieu  of  taxes
levied  by
local
authorities.

7. (1) Subject to rules, if any, that may be made under this Act, and
regard being had to the fact that the relevant authority itself provides in
the area within the jurisdiction of the local authority all or any of the
amenities  which  the  local  authority  provides,  the  relevant  authority
shall not be liable to pay the taxes including property taxes, if any, but it
shall be lawful to the local authority to arrive at an agreement with the
relevant authority with the prior sanction of the State Government to

* Now see the Maharashtra Rent Control Act, 1999 (Mah. XVIII of 2000).

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

109

Bom  I
o f
1904.

IV  of
1936.

receive a lump-sum contribution from the relevant authority in lieu of
all or any of the taxes levied or services rendered by the local authority.

(2) Where no such agreement, as is referred to in sub-section (1) can
be reached or there is any dispute regarding any matter referred to in
the aforesaid sub-section (1) the matter may be referred to the State
Government in such manner as the State Government may determine,
and the State Government may after giving to the local authority or the
relevant authority or both a reasonable opportunity of being heard, decide
the amount of such contribution. The decision of the State Government,
shall be binding on the local authority and the relevant authority.

Explantion.—In this section “ local authority ” has the meaning assigned
to  it  by  clause  (26)  of  section  3  of  the  Bombay  General  Clauses  Act,
1904.

8.  (1)  Any  person  with  the  relevant  authority  may  execute  an
agreement in favour of such authority providing that his employer shall
be competent to deduct from the salary or wages payable to him by the
employer, such amount as may be specified in the agreement and to
pay to the relevant authority the amount so deducted in satisfaction of
any debt or demand of the relevant authority against such person.

Deduction
from  salary
or  wages  to
meet  claims
of  relevant
authority  in
certain  cases.

(2) On  the  execution  of  such  agreement,  the  employer  shall,  if  so
required by the relevant authority, by requisition in writing, and so long
as the relevant authority does not intimate that the whole of such debt
or demand has been paid, make the deduction in accordance with the
agreement, and pay the amount so deducted to the relevant authority
as if it were a part of the salary of wages payable by the employer as
requird under the payment of  Wages Act, 1936, on the day on which the
empolyer makes payment.

(3) If, after the receipt of a requisition made under the foregoing sub-
section, the employer at any time fails to deduct the amount specified in
the requisition from the salary or wages payable to such person or makes
default in remitting the amount deducted to the relevant authority, the
employer  shall  be  personally  liable for  the  payment  thereof;  and  the
amount shall be recoverable on behalf of the relevant anthority from
the employer as an arrear of land revenue.

(4) Nothing contained in this section shall apply to persons employed
in any railways (within the meaning of the Constitution) and in mines
and oil-fields.

1[9.   (1) No suit shall be instituted against the relevant authority or
against any officer or servant thereof or any person acting under the
orders of the relevant authority, in respect of any act done or purporting
to have been done, in pursuance of execution or intended execution of
this Act or in respect of any alleged neglect or default in the execution
of this Act,—

(a) until the expiration of  two months next after notice in writing
has  been  given  to  the  relevant  authority  stating  with  reasonable
particularity the cause of action and the name and place of residence of
the  intending  plaintiff  and  of  his attorney  or  agent,  if  any,  for  the
purpose of such suit and the relief which he claims ; or

1 This paragraph was added by Mah. 6 of 1976, s. 37.

110

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

(b) unless it is commenced within six months next after the accrual of

the cause of action.

(2) At the trial of any such suit,—

(a) the  plaintiff  shall  not  be  permitted  to  go  into  evidence  of  any
cause  of  action  except  such  as  is  set  forth  in  the  notice  given  as
aforesaid;

(b) the claim, if it be for damages, shall be dismissed if tender of
sufficient amounts shall have been made before the suit was instituted
or if, after the institution of the suit, a sufficient sum of money is paid
into Court with costs.
(3) Where the defendant in any such suit is an officer or servant of
the relevant authority, payment of the sum or of any part of any sum
payable by him in or in consequence of the suit, whether in respect of
cost, charges, expenses, compensation for damages or otherwise may be
made, with the sanction of the relevant authority.]

1[SECOND SCHEDULE

(See section 124B)

PART I

Serial
No.

Areas

Nature and particulars
of  development

Rate at  which
development  charge
to be levied
(in  rupees  per
square  metres)
(4)

(1)

1

Bom.
III  of
1888.
Bom.
LIX  of
1949.

C.  P.
and
Berar
II  of
1950.

Mah
XL  of
1965.

(2)

(3)

0.5 per cent. of the rates
of  developed  land  men-
tioned  in the  Annual

(a)  Development  of  land
Areas  under  the
for residential or institu-
jurisdiction of  the
Municipal  Corpora-
tional use,  not involving
tions  constituted or any  building  or  construc- Statement  of  Rates
prepared  under  the
deemed  to  have  been tion  operations.
Bombay  Stamp  (Deter-
constituted  under  the
mination  of  True  Market
Mumbai Municipal
Value  of  Property)  Rules,
Corporation  Act,  the
1995  made  under  the
Bombay  Provincial
Bombay Stamp Act, 1958
Municipal  Corpora-
(hereinafter,  in  this
tions Act, 1949 and
Schedule,  referred  to  as
the City of Nagpur
“the  Stamp  Duty  Ready
Corporation Act, 1948,
the Municipal Councils
Reckoner”).
constituted  under  the (b) Development  of  land
Maharashtra Municipal for residential or institu-
Councils, Nagar
tional use,  involving only
Panchayats and
building  or  construction
Industrial  Townships operations,—
Act, 1965; and Special
Planning  Authorities
and  New  Town
Development
Authorities  constitu-
ted under this Act.

charge  under  clause rates  of  developed  land
(a) has been paid; mentioned  in  the  Stamp

(ii) where  development 2.00 per cent. of the

(i) where  development 2.00 per cent. of the

Duty  Ready  Reckoner.

charge  under  clause rates  of  developed  land
(a) is not required to mentioned  in  the  Stamp
be paid as the land has Duty  Ready  Reckoner.

Bom.  LX  of
1958.

1 This Schedule was substituted by Mah. 34 of 2010, s. 3.

1966 : Mah. XXXVII]

Maharashtra Regional and Town
Planning Act, 1966

111

(1)

(2)

(3)

(4)

been  developed  before
the  commencement
of  the  Maharashtra
Regional  and  Town
Planning  (Amend-
ment)  Act,  1992.

Mah.  XVI  of
1992.

(c) Developement  of  land
for residential or institu-
tional use, also involving
building  or  construction
operations,—

(i)

for  development;

(ii)

for  construction.

0.5 per cent. of the rates
of  developed  land
mentioned  in  the  Stamp
Duty  Ready  Reckoner;

2.00 per cent. of the
rates  of  developed  land
mentioned  in  the  Stamp
Duty  Ready  Reckoner.

PART II

(1) The rates of development charge for different nature or category
of development of land and buildings for industrial and commercial users
shall be one and a half times and two times of the rates of development
charges, respectively, specified in column (4) for different corresponding
nature or category of development of lands and buildings described in
clauses  (a),  (b)  and  (c)  in  column  (3)  in  Part-I  of  this  Schedule  for
residential or institutional users.

(2) In the area under the jurisdicion of the respective municipal
corporations the development charge shall be levied for reconstruction
or  for  the  making  of  any  material  change  in  a  building,  at  the  rates
specified in Part-I of the Schedule  for the purpose of development of
land involving only buildig or construction operations in such area.]

GOVERNMENT  CENTRAL  PRESS,  MUMBAI

112

Maharashtra Regional and Town
Planning Act, 1966

[1966 : Mah. XXXVII

PRINTED AT  THE GOVERNMENT CENTRAL  PRESS, MUMBAI

94

Maharashtra Regional and Town
Planning  Act, 1966

[1966 : Mah. XXXVII

Maharashtra Government  Publications
can  be  obtained  from—











THE  DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATION
Maharashtra  State
Netaji  Subhash  Road
MUMBAI  400  004.

Phone : 2363 26 93
2363 11 48

2363 06 95
2363 40 49

THE  MANAGER
GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco  Press  Area,  Near  G.P.O.
PUNE  411  001.

Phone : 2612 58 08

  2612  89  20

THE  MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil  Lines
NAGPUR  440  001.

Phone : 252 26 15

THE  ASSTT.  DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha  Ganj,  Near  Gandhi  Chowk
AURANGABAD  431  001.

Phone : 233 14 68

THE  MANAGER
GOVERNMENT PRESS AND STATIONERY, STORE
Tarabai  Park
KOLHAPUR  416  003.

Phone : 265 03 95

265 04 02

AND  THE  RECOGNISED  BOOKSELLERS

