The Maharashtra Regional and Town Planning Act, 1966.
(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) 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 Regional plan 1[and publish a notice in the Official Gazette and in such other manner as may be prescribed, stating that the draft Regional plan has been prepared. The notice shall state the name of the place where a copy of such plan shall be available for inspection by the public at all reasonable hours mentioned therein and that copies thereof or any extract therefrom certified to be correct shall be available for sale to the public at a reasonable price and invite] objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice, such date not being earlier than four months from the
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, 1[and stating also that copies thereof or any extract therefrom certified to be correct shall be available for sale to the public at a reasonable price,] and shall specify therein a date (not being earlier than sixty days from the date of publication of the said notice) on which the Regional plan shall come into operation and the plan which has come into operation shall be called the "final Regional plan".
1[(1) No person shall, on or 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,-
(i) in case the land is situated in the limits of Municipal Corporation or a Municipal Council, or a Nagar Panchayat or a Special Planning Authority or any other planning authority, of such Municipal Corporation or Municipal Council, Nagar Panchayat or Special Planning Authority or other planning Authority, as the case may be, or
(ii) in case the land is situated in the gaothan, within
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 predecessor in interest of the claimant.
1[Revision or modification] of Regional plan.-(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 revision of the Regional plan as those provisions apply in relation to the preparation, 2[publication of notice] and approval of a Regional plan.
3[(2) Notwithstanding anything contained in sub-section (1<
A Development plan shall generally indicate the manner in which the use of land
in the area of a Planning Authority shall be regulated, and also indicate the manner in
which the development of land therein shall be carried out. In particular, it shall provide
so far as may be necessary for all or any of the following matters, that is to say,-
(a) proposals for allocating the use of land for purposes, such as residential, industrial, commercial, agricultural, recreational ;
(b) proposals for designation of land for public purpose, such as schools, colleges and other educational institutions, medical and public health institutions, markets, social welfare and cultural institutions, theatres and places for public entertainment,
or public assemb
1[22A.Modifications of a substantial nature.- 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 per cent. 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
(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. 1[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 newspapers in the prescribed manner, inviting suggestions or objections from the public within a period of not less than sixty days from the publication of the notice in the Official Gazette.
1[Town Planning Officer.- 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 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.]
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 :
1[Provided that, the period so extended shall not in any case exceed one year in the aggregate.]
(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, 1[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 3[thirty days] from the date of notice in the Official Gazette :
4[Provided that, in case of a Municipal Corporation having population of ten lakhs or
more as per the latest census, the period for inviting objections and s
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
(1) Subject to the provisions of this Act, if within the time allowed under subsection (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 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 pract
1* * *
(1) The Planning Authority or as the case may be, the said Officer shall submit the draft Development Plan 1[along with the list of 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] 2[from the date of publication of the notice in the Official Gazette regarding its preparation] under section 26 :
3[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 shall be recorded, extended from time to time, the said period by such futher period as may be specified in the order, but not in any case exceeding.-
(i) twenty-four mont
(1) Subject to the provisions of this section, and not later than 1[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 :
3[Provided that, the State Government may, if it thinks fit, whether the said
(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) 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 ;
(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, 1[prepare a draft Development
plan and publish a notice regarding its preparation], for such additional area either
separately or jointly with 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 :
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.
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.
37. 1[Modification] of final Development plan.-(1) Where a modification of any part of or any proposal made in, a final Development plan 2 * * *, the Planning Authority may, or when so directed by the State Government 3[shall, within ninety days from the date of such direction, publish a notice in the Official Gazette4[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,) 5[to the State Government for sanction within one year from the date of publication of notice in the Official Gazette. If such modification proposal is not submitted
1[37A. Power of State Government or Planning Authority to permit temporary change of user. - 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 playground 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 2[, religious functions and public meetings], on terms and conditions specified by the State
At least once in 1[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 2[twenty years] from the date on which the last part has come into operation, a Planning Authority may 3[and shall at any time when so directed by the State Government], revise the Development plan 4[(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 sections 5* * * 22, 23, 24, 25, 26, 27, 28, 6* * 30 and 31 shall, so far as they can be made applicable, apply in respect of such revision of the Development plan.
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[40. Special Planning Authority for developing certain 2[notified areas].- (1) The State Government may, by notification in the Official Gazette 3* * * for any undeveloped area specified in the notification in this Act referred to as the notified area either-
(a) 4[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
(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 Spe
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.
(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 notifications, 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.
(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 :-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.
(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 :
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
(1) The powers and functions of an Area Development Authority shall be,-
(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 permitt
(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
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 :
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
1[(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 :
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 Ac
(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.
(
The Planning Authority in considering application for permission shall have due regard to the provisions of any draft or final plan 1[or proposal] 2[published by means of notice] 3[submitted] or sanctioned under this Act:
4[Provided that, if the Development Control Regulations for an area over which a Planning Authority has been appointed or constituted, are yet to be sanctioned, then in considering application for permission referred to in sub-section (1), such Planning Authority shall have due regard to the provisions of the draft or sanctioned Regional plan, till the Development Control Regulations for such area are sanctioned:
Provided further that, if such area dose not have draft or sanctioned Regional plan,
then Development Control Regulations applicable to the area under an
(1) Any appilcant 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.
Every permission for development granted or deemed to be granted under section
45 or granted under section 47 shall remain in 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.]
(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
1[(d) any land for the development of which permiss
(1) The Appropriate Authority 1[(other than the Planning Authority)], 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-
(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.
<
(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 ;
(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
(d) in contravention of any permission which has been duly modified,
1[52A. Provisions relating to certain develapments as compunded structure.- (1) Notwithstanding anything contained in this Act or any other law, for the time being in force, or in any judgment, order or direction of any Court where unauthorised development has been carried out on or before the 31st December 2015, in the area of Development Plan, the State Government may, the requist of the Planning Authority,
specify the terms and conditions, not inconsistent with the rules made in this behalf, on compliance of which and the compounding charges, infrastructure charges and premium on payment of which, the Planning Authority may declare such development as compounded structure.
(2) On declaration of such development as compounded structure under sub-section (1), no further proceeding under any law for the time being in force against the owner or occupi
1[(1) (a) Where any development of land has been carried out as indicated in clause (a) or (c) of sub-section (1) of section 52, the Planning Authority may, subject to the provisions of this section, serve on the owner, developer or occupier a prior notice of 24 hours requiring him to restore the land to conditions existing before the said development took place ;
(b) if the owner, developer or occupier fails to restore the land accordingly, the Planning Authority shall immediately take steps to demolish such development and seal the machinery and materials used or being used therefor.
(1A) Where any development of land has been carried out as indicated in clause (b) or (d) of sub-section (1) of section 52, the Planning Authority may, subject to the pr
(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, 1[be punished with imprisonment for a term which may extend to three years or with fine which may extend to five thousand
(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, 1[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.
(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 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
1[56A. Punishment for failure to take action against unauthorised construction.- Where it has been brought to the notice of the Designated Officer that erection of any building or execution of any work is carried out in contravention of the provisions of the Act, rules or bye-laws and if such Designated Officer has failed, without sufficient reasons, to take action, as provided under section 53, 54, 55 or 56, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to twenty thousand rupees, or with both.]
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
(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.
(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 proposa
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 2[or in respect of any land which is likely to be in the course of development or which is already built upon], 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 ;
(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.
Making and publication of draft scheme 1[by means of notice].- (1) Not later than 2[nine 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, 3[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 4[make a draft scheme
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.
(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 thereupo
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
(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.
(2) For the purpose of sub-section (1), a draft scheme may contain 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 ;
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.
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.
(1) The Planning Authority or, as the case may be, the officer aforesaid shall, not later than 1[three 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.
(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
3[three months] from the date of its submission, by notification in the Official Gazette, 4***, either sanction such draft scheme with or without modifications and subject to such conditions as it may think fit to impose or r
1[68A. Effect of sanction of draft scheme - (1) Where a draft scheme has been sanctioned by the State Government under sub-section (2) of section 68 (hereinafter in this section, referred to as "the sanctioned draft scheme"), all lands required by the Appropriate Authority for the purposes specified in sub-clauses (ii-b), (ii-e), (ii-f) and (ii-g) of clause (b) of sub-section (1) of section 59 shall vest absolutely in the Appropriate Authority free from all encumbrances.
(2) Nothing in sub-section (1) shall affect any right of the owner of the land vesting in the Appropriate Authority under that sub-section.
(3) The provisions of sections 89 and 90 shall, mutatis mutandis apply, to the sanctioned draft scheme as if,-
(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)
(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.
(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.
(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 shal
(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.
Except in matters arising out of 1[clauses (i), (ii), (iv), (v) and clauses (vii) to (xiii) (both inclusive) of sub-section (6)] of section 72, every decision of the Arbitrator shall be final and conclusive and binding on all parties including the Planning Authority.
(1) Any decision of the Arbitrator under 1[clauses (i), (ii), (iv), (v) and clauses (vii) to (xiii) (both inclusive) of sub-section (6)] 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 (36 of 1963) shall apply to appeals submitted under this section.
(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 o
(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.
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.
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.
(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.
Nothing contained in this Act shall be deemed to constitute the Tribunal of Appeal to be a Court.
(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
(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
(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 P
(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 possession 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.
(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.
(1) Where possession of land is taken by the Arbitrator under section 83 or 84, the persons 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.
(2) The Planning Authority may, at the request of the person interested, pay after consulting the Arbitrator, an advance as provided in sub-section (3) of section 129.
1[86.Sanction of State Government to preliminary or final scheme. - (1) On receipt of the preliminary scheme or, as the case may be, the final scheme, the State Government may,-
(a) in the case of the preliminary scheme, within a period of two months from the date of its receipt, and
(b) in the case of the final scheme, within a period of three months from the date of its receipt, by notification in the Official Gazette, sanction the preliminary scheme or the final scheme or refuse to give such sanction, provided that in sanctioning any scheme, the State Government may make such modifications as may, in its opinion, be necessary for the purpose of correcting an error, irregularity or informality.
(1) If at any time before the 1[preliminary 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.
On and after the day on which a 1[preliminary 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;
2* * *
In this Act, unless the context otherwise requires,-
(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 ;
1[(2) "amenity" means roads, streets, open spaces, parks, recreational grounds, play grounds, sports complex, parade grounds, gardens, markets, parking lots, primary and secondary
(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
(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 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 of persons 1[not exceeding ten] appointed by the State Government who in the opinion of that Government have special knowledge or practical experience of matters relating to town and country planning, engineering, transport, industry, commerce or agriculture 2[; a Town Planning Officer appointed by the State Government and such number of persons not exceeding four appointed by the State Government from the two Houses of the Sta
(1) 1[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 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.
2[(3) A member of the State Legislature while holding the office of a member of the Borad shall not be
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.
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.
Subject to the provisions of this Act and the rules and regulations made thereunder,
it shall be the duty of a Regional 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 regulation
(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 :
Provided that, after the submission of draft Regional plan to the State Government,
the Board shall meet only if so directed by the State Government.
(2) The Chairman and in his absence the Vice-Chairman (if any) and in the absence of the Chairman and the Vice-Chairman, any other member chosen by the members present from amongst themselves, shall preside at a meeting of the Board.
(3) All questions at a meeting of the Board shall be decided by a majority of votes of the members present and voting; and in the ca
(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 se
(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.
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.
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 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.
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
(1)This Act may be called the Maharashtra Regional and Town Planning Act, 1966.
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