MADHYA PRADESH NAGAR TATHA GRAM NIVESH ADHINIYAM, 1973
(1) This Act may be called the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973.
(2) It extends to the whole of Madhya Pradesh.
1[(3) It shall come into force at once].
(4) Nothing in this Act shall apply to,--
(a) lands comprised within a cantonment under the Cantonments Act, 1924 (No. 2 of 1924);
(b) lands owned, hired or requisitioned by the Central Government for the purpose of naval, military and air force works;
(c) lands under the control of railway administration for the purpose of construction and maintenance of works under Chapter III of the India Railways Act, 1890 (No. 9 of 1890).
__________________
In this Act, unless the context otherwise requires,--
(a) "agriculture" includes horticulture, farming, raising of annual or periodical crops, fruits, vegetables, flowers, grass, fodder, trees or any kind of cultivation of soil, the reserving of land for fodder, grazing or thatching grass, breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, breeding of fish and keeping of bees, and the use of land ancillary to the farming of land, but does not include--
(i) keeping of cattle purely for the purpose of milking and selling the milk and milk products;
(ii) a garden which is an appendage of buildings, and the expression 'agricultural' shall be construed accordingly.
(b) "amenity" includes roads and streets, water and electri
(1) The State Government shall appoint an officer to be the Director of Town and Country Planning for the State and may appoint one or more officers of the following categories to assist him namely :--
(a) Additional Director of Town and Country Planning;
(b) Joint Director of Town and Country Planning;
(c) Deputy Director of Town and Country Planning;
(d) Assistant Director of Town and Country Planning; and
(e) such other categories of officers as may be prescribed.
(2) The Director shall exercise such powers and perform such duties as are conferred or imposed upon him by or under this Act and the officers appointed to assist the Director shall, within such a
The State Government may, by notification,--
(a) declare any area in the State to be a region for the purposes of this Act;
(b) define the limits of such area; and
(c) specify the name by which such region shall be known.
(2) The State Government may, by notification, after the name of any such region and on such alteration, any reference 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 required.
(3) The State Government may by notification,--
(a) alter the limits of a region so as to include therein or exclude there from such area as may be
Subject to the provisions of this Act and the rules made there under, it shall be the duty of the Director,--
(i) to carry out a survey of the regions;
(ii) to prepare an existing land use map; and
(iii) to prepare a regional plan.
(1) The Director shall, with a view to preparing the existing land use map, and other maps as are necessary for the purpose of regional plan,--
(a) carry out such surveys as may be necessary;
(b) obtain from any department of Government and any local authority such maps, survey reports and land records as may be necessary for the purpose.
(2) It shall be the duty of a local authority and other authorities specified in sub-section (1) to furnish, as soon as may be possible, maps, reports, and records as may be required by the Director.
The Regional Plan shall indicate the manner in which land in the region should be used, the phasing of development, the net work of communications and transport, the proposals for conservation and development of natural resources, and in particular,--
(a) allocation of land to such purposes as residential industrial, agricultural, or as forests or for mineral exploitation;
(b) reservation of open spaces for recreational purposes, gardens, tree belts, and animal sanctuaries;
(c) access or development of transport and communication facilities such as roads, railways, water ways and the location and development of airports;
(d) requirements and suggestions for development of public utilities such as water supply, drainage, and electricity;
&nb
(1) After preparation of the existing land use map the Director shall cause to be prepared a draft regional plan and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be prescribed inviting 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 sixty days from the publication of the notice. Such notice shall specify in regard to the draft plan the following particulars, namely,--
(a) the existing land use map and the narrative report thereon;
(b) a narrative report supported by necessary maps and charts explaining the provisions of the draft plan;
(c) a note indicating the priorities assigned to works included in the draft pla
(1) The State Government may approve the draft regional plan submitted under Section 8 with or without modification or reject or return the same to the Director for reconsideration.
(2) Immediately after the draft regional plan is approved under sub-section (1), the State Government shall publish in such manner as may be prescribed, a notice stating that the regional plan has been approved and mentioning a place where a copy of the plan may be inspected at all reasonable hours and shall specify therein a date on which the regional plan shall come into operation :
Provided that where the State Government approves the draft regional plan with modifications, it shall not be published, unless the State Government having published such modifications in the Gazette along with a notice inviting objections and suggestions thereon within a period
(1) Notwithstanding anything contained in any other law for the time being in force, on or after the date of publication of the draft regional plan, no person, authority, department of Government or any other person shall change the use of land for any purpose other than agriculture, or carry out any development in respect of any land contrary to the provisions of the draft plan, without the prior approval of the Director or an officer not below the rank of Deputy Director authorised by the Director, in this behalf.
(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 or final plan and no permission, if granted shall be construed to confer any legal right whatsoever on the person seeking the permission.
Where the final regional plan assigns a particular land use to a certain area and any land situate therein is already put to such use, subject to substantially similar restrictions in force under any other law which was in force on the date on which restrictions were imposed by or under this Act and if compensation in respect of such restrictions have already been paid under any such other law which was in force for the time being in respect of the property or any right or interest therein to the claimant, or any predecessor in interest of the claimant, the owner shall not be entitled to any further compensation on account of injury or damage caused to his rights by reason of the restrictions placed on the use of land under the provisions of this Act.
(1) The Director may, on his own motion or if so required by the Stale Government shall, at any time after a regional plan has come into operation, undertake the review and evaluation of the regional plan and make such modifications in it as may be justified by the circumstances.
(2) The foregoing provisions of this chapter shall, so far as they can be made applicable, apply to the modifications under sub-section (1) as those provisions apply in relation to the preparation, publication and approval of a regional plan.
(1) The State Government may, by notification, constitute planning areas for the purposes of this Act and define the limits thereof.
(2) The State Government may, by notification,--
(a) alter the limits of the planning area so as to include therein or exclude there from such area as may be specified in the notification;
(b) amalgamate two or more planning areas so as to constitute one planning area;
(c) divide any planning area into two or more planning areas;
(d) declare that the whole or part of the area constituting the planning area shall cease to be a planning area or part thereof.
1[(3) Notwithstanding anything contained in the Madhya Pradesh Municipal Co
Subject to the provisions of this Act and the rules made there under, the Director shall,--
(a) prepare an existing land use map;
(b) prepare a development plan;
(c) 1[x x x]
(d) carry such surveys and inspections and obtain such pertinent reports from Government departments local authorities and public institutions as may be necessary for the preparation of the plans;
(e) perform such duties and functions as are supplemental, incidental, and consequential to any of the foregoing or as may be assigned by the State Government for the purpose of carrying out the provisions of this Act.
___________
1. Omitted by M.P. Ac
(1) The Director shall carry out the survey and prepare an existing land use map 1[indicating the natural hazard prone areas] and, forthwith publish the same in such manner as may be prescribed together with public notice of the preparation of the map and of place or places where the copies may be inspected, inviting objections and suggestions in writing from any person, with respect thereto within thirty days from the date of publication of such notice.
(2) After the expiry of the period specified in the notice published under sub-section (1), the Director may, after allowing a reasonable opportunity of being heard to all such persons who have filed the objections or suggestions, make such modifications therein as may be considered desirable.
(3) As soon as may be after the map is adopted with or without modifications the Director shall
(1) On the publication of the existing land use map under Section 15,--
(a) no person shall institute or change the use of any land or carry out any development of land for any purpose other than that indicated in the existing land use map without the permission in writing of the Director :
Provided that the Director shall not refuse permission if the change is for the purpose of agriculture;
(b) no local authority or any officer or other authority shall, notwithstanding anything contained in any other law for the time being in force, grant permission for the change in use of land otherwise than as indicated in the existing land use map without the permission in writing of the Director.
1[A development plan shall take into account any draft five-year and Annual Development plan of the district prepared under the Madhya Pradesh Zila Yojana Samiti Adhiniyam, 1995 (No. 19 of 1995) in which the planning area is situated and shall.]
(a) indicate broadly the land use proposed in the planning area;
(b) 2[allocate broadly areas or zones of land, keeping in view the regulations for natural hazard prone areas, for--]
(i) residential, industrial, commercial or agricultural, purpose;
(ii) open spaces, parks and gardens, green-belts, zoological gardens and playgrounds;
(iii) public institutions and offices;
(iv) such special purposes as the Director may de
1[(1) The State Government shall constitute a committee consisting of the following, namely :--
(a) Mayor of the Municipal Corporation or President of the Municipal Council or Nagar Panchayat, as the case may be, which wholly or partly fall within the planning area;
(b) President of the Zila Panchayat which wholly or partly fall within the planning area;
(c) Members of Parliament representing constituencies which wholly or partly fall within the planning area;
(d) All Members of the State Legislative Assembly representing the constituencies which wholly or partly fall within the planning area;
(e) Chairman of the Town and Country Development Authority, or Special Area Development Authority, if any, which
1[(1) 2[The Director shall publish the draft development plan prepared under Section 14 in such manner as may be prescribed together with a notice of the preparation of the draft development plan and the place or the places where the copies may be inspected, inviting objections and suggestions in writing from any person with respect thereto, within thirty days from the date of communication of such notice, such notice shall specify in regard to the draft development plan, the following particulars, namely,--]
(i) the existing land use maps;
3[(i-a) the natural hazard prone areas with the description of natural hazards;]
(ii) a narrative report, supported by maps and charts, explaining the provisions of the draft development plan;
(iii) the phasing o
(1) As soon as may be after the submission of the development plan under Section 18 the State Government may either approve the development plan or may approve it with such modifications as it may consider necessary or may return it to the Director to modify the same or to prepare a fresh plan in accordance with such directions as the State Government may deem appropriate.
(2) Where the State Government approves the development plan with modifications, the State Government shall, by a notice published in the Gazette, invite objections and suggestions in respect of such modifications within a period of not less than thirty days from the date of publication of the notice in the Gazette.
(3) After considering objections and suggestions and after giving a hearing to the persons desirous of being heard, the State Government may confirm the mo
1[The local authority may on its own motion at any time after the publication of the development plan, or thereafter if so required by the State Government shall, within six months of such requisition, prepare a Zoning Plan.]
________________
1. Substituted by Act No. 8 of 1996 (w.e.f. 17-4-1996).
(1) The zoning plan shall enlarge the details of land use as indicated in the development plan and shall,--
(a) indicate the land liable to acquisition for public purpose for the purposes of the Union Government, the State Government, a Town and Country Development Authority, a Special Areas Development Authority, a local authority, a public utility or any other authority established by or under any enactment for the lime being in force :
Provided that no land shall be so designated unless the acquisition proceedings are likely to be completed within ten years of the preparation of the plan;
(b) define in detail and provide for areas reserved for agriculture, public and semi public open spaces, parks, playground, gardens, recreational areas, green-belts and nature reserves;
&nbs
The provisions of Sections 18 and 19 shall apply for the preparation, publication approval and operation of zoning plan as they apply in respect of the development plan.
1[(1) The Director may, on his own motion or if so required by the State Government shall undertake a review and evaluations of the development plan.
(2) The Director may if necessary propose modification of the plan under sub-section (1).
(3) The Director shall, if so required by the State Government proceed to review and propose modifications of any planning unit of a development plan.
(4) The Local Authority shall on its own motion or if so required by the State Government or the Director undertake review and evaluation of the Zoning Plan.
(5) The provisions of Sections 8 and 19 shall, so far as may be, apply to the modifications under sub-section (2), review and modification under sub-section (3) and review and evaluation under sub-section 14 as
1[2[(1) (a) The State Government may, on its own motion or on the request of a Town and Country Development Authority, make modification in the development plan or the zoning plan for any proposed project of the Government of India or the State Government and its enterprises or for any proposed project related to development of the State or for implementing a scheme of a Town and Country Development Authority and the modification so made in the development plan or zoning plan shall be an integral part of the revised development plan or zoning plan.
(b) The State Government may, on an application from any person or an association of persons for modification of development plan or zoning plan for the purpose of undertaking an activity or scheme which is considered by the State Government or (he Director, on the advice of the Committee constituted by the State Government for this
1[(1) The overall control of development and use of land in the State shall vest in the State Government.
(2) Subject to the provisions of sub-section (1) and the rules made under this Act, the overall control of development and use of land in the planning area shall vest in the Director with effect from such date as the State Government may, by notification, appoint in this behalf.
(3) The State Government may make rules to regulate the control of development and use of land in planning area and non-planning area in the State and may, by notification, apply the said rules to any planning area or non-planning area from such date as may be specified therein and where the rules are made applicable to a non-planning area, such notification shall define the limits of the non-planning area :
Provid
1[Where under the provisions of this Act or rules made there under or any other law enacted under entry 5 of the State List of the Seventh Schedule to the Constitution of India for the time being in force, regulating the constructions of residential building or any rules or regulations or bye-laws made there under it is permissible to construct less than three doors then notwithstanding any thing contained in the Act or the law or the rules or the regulations or the bye-laws aforesaid it shall be permissible to construct an additional floor in such residential building subject to sanction of a plan of such construction under the aforesaid Act or law, as the case may be.]
________________
1. Inserted by M.P. Act No. 23 of 1988 (11-8-1988).
(1) Alter the coming into force of the development plan, the use and development of land shall conform to the provisions of the development plan :
1[Provided that the 2[Director] may, at its discretion, permit the continued use of land for the purpose for which it was being used at the time of the coming into operation of the development plan.]
Provided further than such permission shall not be granted for a period exceeding seven years from the date of coming into operation of the development plan.
(2) Notwithstanding anything contained in Section 172 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) every permission to divert land granted under that section shall be subject to the provisions of this Act.
________________
&nbs
After the coming into operation of the development plan, no person shall change the use of any land or carry out any development of land without the permission in writing of the Director.
Provided that no such permission shall be necessary,--
(a) for carrying out works for the maintenance, repair or alteration of any building which does not materially alter the external appearance of the building;
(b) for carrying out of work for the improvement or maintenance of a highway, road or public street by the Union or State Government or an authority established under this Act or by a local authority having jurisdiction, provided that such maintenance or improvement does not change the road alignment contrary to the provisions of the development plan;
(c)
1[(1) When the Union Government or the State Government intends to carry out development of any land for the purpose of its departments or offices or authorities, the Officer-in-Charge thereof shall inform in writing to the Director the intention of the Government to do so, giving full particulars thereof, accompanied by such documents and plans complying with the provisions of Acts, rules and bye-laws relating to development, control of the natural hazard prone area as may be prescribed atleast thirty days before undertaking such development.]
(2) Where the Director raises any objection to the proposed development on the ground that the development is not in conformity with the provisions of the development plan, the officer shall,--
(i) make necessary modifications in the proposals for development to meet the objections raised by the D
Where a Local Authority or any authority specially constituted under this Act intends to carry out development on any land for the purpose of that authority, the procedure applicable to the Union or State Government under Section 27 shall, mutatis mutandis, apply in respect to such authority.
1[(1) Any person, not being the Union Government, State Government, a local authority or a special authority constituted under this Act, intending to carry out any development on any land, shall make an application in writing to the Director for permission, in such form and containing such particulars and accompanied by such documents complying with the provisions of Acts, rules and bye-laws relating to development, control of the natural hazard prone area as may be prescribed.]
(2) Such application shall also be accompanied by such fee as may be prescribed.
_______________
1. Substituted by M.P. Act No. 22 of 2005. Prior to substitution it was as under:
"(1) Any person, not being the Union Government, State Government, a Local Authority or a specia
Section 29 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, governs the application for permission to develop land within urban and rural planning areas. It forms a crucial part of the statutory framework for land use regulation, development control, and urban planning in Madhya Pradesh, ensuring that development activities conform to approved schemes and development plans.
Section 29 mandates that no person shall undertake development or change the land use without obtaining prior permission from the competent authority, typically the Director of Town and Country Planning. It prescribes the procedure for application, the manner of granting or refusing permission, and the conditions under which development can proceed. The section emphasizes that development activities must align with the sanctioned development plans or schemes.
Section 29 applies to all land within notified planning areas, including urban and rural zones, where development schemes or master plans are in force. It covers construction, alteration, change of land use, and development activities, ensuring they are in accordance with the sanctioned plans. It also interacts with other provisions like Section 30, which details the process of granting or refusing permission.
Violations of Section 29, such as undertaking development without permission or contravening approved schemes, attract penal provisions under the Act. Penalties may include fines, imprisonment, or both, as specified in Section 37 of the Act. Unauthorized development can also lead to demolition or removal orders, and legal proceedings for contravention.
In summary, Section 29 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, plays a pivotal role in regulating land development activities, ensuring they are carried out in accordance with approved plans and schemes, and under the oversight of competent authorities, with provisions for timely decision-making and penalties for violations.
(1) On receipt of an application under Section 29 the Director may, subject to the provisions of this Act, by order in writing,--
(a) grant the permission unconditionally;
(b) grant the permission, subject to such conditions as may, be deemed necessary under the circumstances;
(c) refuse the permission.
(2) Every order granting permission subject to conditions, or refusing permission shall state the grounds for imposing such conditions or for such refusal.
(3) Any permission granted under sub-section (2) with or without conditions shall be in such manner as may be prescribed.
(4) Every order under sub-section (2) shall be communicated to the applicant in such m
Section 30 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, deals with the procedures and legal implications related to development permissions, land use changes, and deemed permissions in the context of urban planning and land development. It forms a core component of the statutory framework governing land use regulation, development schemes, and urban planning in Madhya Pradesh.
Section 30 primarily provides for:- The process of obtaining development permission for land use or construction.- The deemed permission arising from the failure of the competent authority to communicate its decision within a specified period.- The conditions under which such deemed permission is granted.- The limitations and procedural safeguards related to grant or refusal of permissions.- The consequences of non-disposal or delayed disposal of applications.
Note: The analysis is based on the provisions of Section 30, the relevant rules, and judicial interpretations as reflected in the provided sources. Where specific penalties are not detailed in the section itself, references are made to related provisions and legal principles.
1[(1) Any applicant aggrieved by an order granting permission on condition or refusing permission under Section 30 may, within thirty days of the date of communication of the order to him, prefer an appeal to such authority, in such manner and accompanied by such fees as may be prescribed.]
(2) 1[The appellate authority may], after giving a reasonable opportunity to the appellant and the Director to be heard, by order, dismiss the appeal or allow the appeal by granting permission unconditionally or subject to the conditions as modified.
(3) Subject to the provisions of Section 32 the order of the appellate authority shall be final.
____________________
1. Substituted by M.P. Act No. 4 of 1983 (w.e.f. 19-11-1982).
Section 31 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, deals with the procedure and authority for the disposal, transfer, and allotment of land, buildings, and structures by the development authorities. It plays a crucial role in regulating land transactions within the planning and development framework established under the Act, ensuring transparency, legality, and adherence to approved schemes and development plans.
Section 31 primarily provides that the disposal of land, buildings, or other structures by the development authority shall be subject to the rules made under the Act. It emphasizes that such disposals must be in accordance with the procedures prescribed, including public notices, auction, tendering, or direct negotiations, and must align with the development schemes and plans.
Section 31 governs all types of land and building disposals by development authorities, including sale, lease, transfer, or allotment. It applies to:- Urban development schemes- Town and city planning projects- Land acquired under development schemes- Transactions involving government or private land within development zonesIt aims to prevent arbitrary or clandestine transfers, ensuring all dealings are transparent and within the legal framework.
While Section 31 itself does not specify penalties, violations of its provisions—such as unauthorized transfer, sale without approval, or contravention of prescribed procedures—are punishable under the broader provisions of the Act, including Sections 36 and 37, which prescribe penalties for unauthorized development or transfer. Penalties may include fines, cancellation of transfer, or criminal prosecution for illegal dealings.
In conclusion, Section 31 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, establishes a comprehensive legal framework for the transparent, lawful, and regulated disposal of land and structures by development authorities, with strict adherence to procedures, conformity with development plans, and safeguards against arbitrary or illegal transactions. Judicial precedents reinforce the importance of compliance, natural justice, and the rule of law in land dealings under this section.
The State Government may, at any time, but not later than twelve months of the passing of the order, on its own motion or on an application filed by the person aggrieved by any order of the appellate authority under Section 31 within thirty days of the date of communication of such order to him, call for and examine the record of any case disposed of by Director under Section 30 or appellate authority under Section 31 for the purpose of satisfying itself as to the correctness of the order and as to the regularity of any proceeding of the Director or the Appellate Authority and may, when calling such record direct that the execution of the order be suspended. The State Government may, after examining the record, pass such order as it thinks fit and its order shall be final and no further application for revision or review thereof shall lie :
Provided that no order shall be passed un
Section 32 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, pertains to the procedure for the modification or cancellation of approved development or layout schemes. It forms a crucial part of the statutory framework governing urban planning, land use, and development schemes in Madhya Pradesh, ensuring that modifications are made in accordance with prescribed procedures and legal standards.
Section 32 authorizes the competent authority to modify or cancel an approved scheme, subject to the provisions of the Act and rules. It prescribes the process for proposing modifications, objections, and the manner in which such modifications or cancellations are to be approved or rejected, ensuring transparency and adherence to legal procedures.
Section 32 applies to schemes that have already been approved under the Act, including development plans, layout schemes, and other land use schemes. It provides a mechanism for the authority to make necessary adjustments or revoke schemes when required, balancing development needs with public interest and statutory obligations.
While Section 32 itself does not prescribe specific punishments, contravention of its provisions—such as unauthorized modifications or failure to follow prescribed procedures—may lead to penalties under the broader framework of the Act, including fines or prosecution for illegal development or violations of land use regulations.
"Legality of modifications" - Section 32 provides a legal mechanism for modifying approved schemes, ensuring that such changes are made lawfully and with proper procedural safeguards [MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD VS VIJAY BODANA].
"Procedural fairness" - The requirement of notice and opportunity for objections under Section 32 aligns with principles of natural justice, preventing arbitrary alterations to development schemes [MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD VS VIJAY BODANA].
"Protection of third-party rights" - Modifications or cancellations under Section 32 must consider third-party rights and existing vested interests, as failure to do so may render the action ultra vires [MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD VS VIJAY BODANA].
"Scheme approval and finality" - Once a scheme is approved and published, any subsequent modification must strictly adhere to the process outlined in Section 32, else it risks being challenged as illegal or arbitrary [MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD VS VIJAY BODANA].
"Ultra vires actions" - Unauthorized or procedural lapses in applying Section 32 can render the modification or cancellation void, emphasizing the importance of compliance with the Act [MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD VS VIJAY BODANA].
"Impact on development projects" - Changes made under Section 32 can significantly impact ongoing or planned development projects, necessitating careful legal scrutiny to prevent breach of statutory obligations [MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD VS VIJAY BODANA].
"Judicial review" - Courts have the power to review actions taken under Section 32 to ensure they are within the scope of the law, procedurally fair, and not motivated by malafide intent [MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD VS VIJAY BODANA].
"Discretion and abuse" - While the authority has discretion under Section 32, abuse of power or acting beyond the scope of the Act can be challenged in writ jurisdiction under Articles 226 and 227 of the Constitution [MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD VS VIJAY BODANA].
"Relation with other provisions" - Section 32 operates in conjunction with other sections like 50 and 51, which govern the preparation and approval of schemes, making it essential that all procedures are harmoniously followed [MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD VS VIJAY BODANA].
"Importance of public interest" - Any modification or cancellation must be justified on grounds of public interest, development needs, or statutory mandates, failing which such actions may be deemed arbitrary [MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD VS VIJAY BODANA].
"Legal validity of scheme modifications" - The courts have consistently held that modifications without following the statutory procedure under Section 32 are illegal and liable to be quashed [MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD VS VIJAY BODANA].
"Distinction from administrative orders" - Section 32 is a legislative provision that mandates a formal process; administrative decisions outside this scope may be challenged as illegal [MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD VS VIJAY BODANA].
"Effect on landowners and developers" - Unauthorized or arbitrary modifications can adversely affect landowners and developers, making adherence to Section 32 essential to protect rights and interests [MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD VS VIJAY BODANA].
"Role of objections" - Giving affected parties a fair hearing through objections is a fundamental requirement under Section 32, safeguarding against abuse and ensuring transparency [MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD VS VIJAY BODANA].
"Limitations on powers" - The scope of Section 32 is limited to procedural amendments; it does not permit unilateral or arbitrary changes without following the prescribed process [MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD VS VIJAY BODANA].
"Legal safeguards" - The Act provides safeguards to prevent misuse of powers under Section 32, including judicial review and requirement of reasons for rejection or approval [MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD VS VIJAY BODANA].
"Implication of non-compliance" - Actions taken in violation of the procedural requirements of Section 32 are liable to be declared null and void by courts [MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD VS VIJAY BODANA].
"Integration with development plans" - Any modifications under Section 32 must be consistent with the overarching development plans and policies to avoid legal conflicts [MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD VS VIJAY BODANA].
Legal Summary:Section 32 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, establishes a lawful, transparent process for modifying or canceling approved schemes. Its breach or misuse can lead to legal challenges, emphasizing the importance of following procedural safeguards, protecting third-party rights, and ensuring actions are motivated by public interest and legality. Courts have consistently held that non-compliance with the statutory procedure renders such modifications ultra vires and liable to be struck down.
Every permission granted under Section 30 or Section 31 or Section 32 shall remain in force for a period of 1[three years] from the date of such grant and thereafter it shall lapse :
Provided that the Director may, on an application, extend such period from year to year but the total, period shall in no case exceed 1[five years] from the date on which the permission was initially granted :
Provided further that such lapse shall not bar any subsequent application for fresh permission under this Act.
________________
1. Substituted by M.P. Act No. 8 of 1996 (w.e.f. 17-4-1996).
(1) Where any land is designated by a development plan as subject to compulsory acquisition,--
(a) for development for the purpose of town expansion or town improvement, or
(b) for development for the purpose of the Union or State Government or a Local Authority or a special authority constituted under this Act, or
(c) for development as a highway or a public utility service, and the owner of the land claims that--
(i) the land has become incapable of reasonably beneficial use in its existing state; or
(ii) where permission to develop land is given subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by carrying out the permitted development, in accordance with the
(1) The appropriate authority, if it is satisfied that the land is not or is no longer required for the public purpose for which it is designated or reserved or allocated in the draft development plan of zoning plan, or the final development plan or zoning plan may request--
(a) the Director to sanction the deletion of such designation or reservation or allocation from the draft development plan or zoning plan; or
(b) the State Government to sanction the deletion of such designation or reservation or allocation from the final development plan or zoning plan.
(2) On receipt of such request from the appropriate authority, the Director 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 plans :<
Any person who, whether at his own instance or at the instance of any other person, commences, undertake or carries out any development or changes use of any land,--
(a) without permission required under this Act;
(b) in contravention of the permission granted or 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,
shall, without prejudice to any action that may be taken under Section 37, be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees or with both, and in the case of a contin
(1) Where any development has been carried out as indicated in Section 36 the Director may, within five years of such development, serve on the owner a notice requiring him, within such period being not less than one month and not exceeding three months as may be specified therein from the date of the service of the notice,--
(a) in cases specified in clause (a) or (c) of Section 36 to restore the land to its condition existing before the said development took place;
(b) in cases specified in clause (b) or (d) of Section 36 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, notice shall be served on the occupier also.
(2) In particular, such not
(1) The State Government may, by notification, establish a Town and Country Development Authority by such name and for such area as may be specified in the notification.
(2) The duty of implementing the proposal in the development plan, preparing one or more town development schemes and acquisition and development of land for the purpose of expansion or improvement of the area specified in the notification under sub-section (1) shall, subject to the provision of this Act vest in the Town and Country Development Authority established for the said area.
1[Provided that the duty imposed on the Town and Country Development Authority shall, till that authority is established for any area under sub-section (1), be performed by the local authority having jurisdiction over such area as if it were a Town and Country Development Authority establis
Every Town and Country Development Authority shall by a body corporate by the name specified in the notification under Section 38, and shall have perpetual succession and a common seal, with power to acquire and hold property, both moveable and immoveable and subject to the provisions of this Act or any rules made there under, to transfer any property held by it, to contract and to do all other things necessary for the purposes of this Act and may sue and be sued in its corporate name.
1[ Every Town and Country Development Authority shall consist of the following, namely,--
(a) a Chairman to be appointed by the State Government;
(b) the Collector of the district or his nominee;
(c) 2[four members] to be appointed by the State Government to represent respectively--
(i) Town and Country Planning Department, Madhya Pradesh;
(ii) Forest Department, Madhya Pradesh;
(iii) Public Health Engineering Department, Madhya Pradesh;
3[(iv) Public Works Department, Madhya Pradesh;
(v) Madhya Pradesh Electricity Board];
(d) t
(1) The names of the 1[Chairman, Vice-Chairman] and the members shall be notified in the Gazette.
(2) The term of office of the 1[Chairman, Vice-Chairman] and other members shall be such as may be prescribed.
(3) The person ceasing to be a 1[Chairman, Vice-Chairman] or member by reason of the expiry of his term of office shall, if otherwise qualified be eligible for re-appointment.
________________
1. Substituted by M.P. Act No. 4 of 1983 (w.e.f. 19-11-1982).
(1) Every person becoming a member under 1[clauses (d), (f) and (g)] of Section 40 may at any time resign his office by writing under his hand addressed to the Chairman, and upon receipt of resignation by the Chairman, the office of the member shall become vacant.
(2) If the State Government considers that the continuance in office of any member is not in the public interest, the State Government may make an order terminating his appointment and thereupon he shall cease to be member of the Town and Country Development Authority, notwithstanding that the term for which he was appointed has not expired.
(3) In the event of a vacancy occurring in the office of the 1[Chairman, Vice-Chairman] or any member, the vacancy shall be filled by the State Government in accordance with the provisions of Section 40 and the person so appointed shall hol
(1) No member other than the 1[Chairman, Vice-Chairman] shall receive any annulments except such allowances as may be prescribed.
(2) The 1[Chairman, Vice-Chairman] shall receive such salary and allowances and shall be subject to such terms and conditions of service as may be prescribed.
__________________
1. Substituted by M.P. Act No. 4 of 1983 (w.e.f. 19-11-1982).
1[(1) The State Government may, grant leave of absence to the Chairman or the Vice-Chairman, subject to such terms and conditions as may be prescribed.
2[(2) Whenever the Chairman is granted leave of absence, the Vice-Chairman nominated by the Chairman and where the Chairman and the Vice-Chairman are granted leave, any other member appointed by the State Government shall act as Chairman.]
__________________
1. Substituted by M.P. Act No. 4 of 1983 (w.e.f. 19-11-1982).
2. Substituted by M.P. Act No. 8 of 1996 (w.e.f. 17-4-1996).
(1) The meetings of the Town and Country Development Authority shall be held at such time and at such place as may be laid down by regulations :
Provided that until regulations are made in this behalf such meeting shall be convened by the Chairman.
(2) The quorum of meeting shall, unless otherwise provided by regulations be one third of the total number of members of the Town and Country Development Authority.
(3) The Town and Country Development Authority shall make regulations to provide for the conduct of its business.
1[(1) Every Town and Country Development Authority shall have a Chief Executive Officer who shall act as the Secretary of the Authority.]
(2) The Chief Executive Officer shall be appointed by the State Government from amongst the members of the Development Authority Service belonging to the State cadre from amongst the members of the State Technical/Administrative Services if necessary.
__________________
1. Substituted by M.P. Act No. 11 of 1991 (w.e.f. 16-7-1991).
1[Every Town and Country Development Authority may have such other officers and servants as may be necessary and proper for the efficient discharge of its duties. Appointments to the post of officers and servants, included in the State cadre mentioned in Section 76-B of the Development Authority Services shall be made by the State Government and appointments to the posts of officers and servants included in the local cadre in the said services shall be made by the concerned Town and Country Development Authority :
Provided that no post shall be created in any authority save with the prior sanction of the State Government.]
____________
1. Substituted by M.P. Act No. 11 of 1991 (w.e.f. 16-7-1991).
1[The Chief Executive Officer appointed under Section 46 and other officers and servants appointed under Section 47 shall work under the superintendence and control of the authority subject to the provisions of the Act and the Rules.]
___________________
1. Substituted by M.P. Act No. 11 of 1991 (w.e.f. 16-7-1991).
A town development scheme may make provision for any of the following matters,--
(i) acquisition, development and sale or leasing of land for the purpose of town expansion;
(ii) acquisition, relaying out of, rebuilding, or relocating areas which have been badly laid out or which has developed or degenerated into a slum;
(iii) acquisition and development of land for public purposes such as housing development, development of shopping centers, cultural centers, administrative centers;
(iv) acquisition and development of areas for commercial and industrial purposes;
(v) undertaking of such building or construction work as may be necessary to provide housing, shopping, commercial or other facilities;
(1) The Town and Country Development Authority may, at any time, declare its intention to prepare a town development scheme.
(2) Not later than thirty days from the date of such declaration of intention to make a scheme, the Town and Country Development Authority shall publish the declaration in the Gazette and in such other manner as may be prescribed.
(3) Not later than two years from the date of publication of the declaration under sub-section (2) the Town and Country Development Authority shall prepare a town development scheme in draft form and publish it in such form and manner as may be prescribed together with a notice inviting objections and suggestions from any person with respect to the said draft development scheme before such date as may be specified therein, such date being not earlier than thirty days from the date of publ
The Director may, at any time, but not later than two years from the date of publication of the final town development scheme, under Section 50 on his own motion or on an application filed within thirty days of such publication of the final scheme by any person aggrieved by the final scheme, call for and examine the record of any scheme for the purpose of satisfying himself as to the correctness of the order passed by the Town and Country Development Authority, or as to the regularity of any proceedings of such authority and when, calling such record direct that the execution of the scheme be suspended. The Director may, after examining the record, pass such order as he thinks fit and his order shall be final :
Provided that no order shall be passed unless the person affected thereby and the Town and Country Development Authority have been given a reasonable opportunity of being he
The Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (MP Town and Country Planning Act) is a legislative framework enacted to regulate land use, urban development, and infrastructure planning across the state of Madhya Pradesh. Section 51 of this Act deals with the power of revision vested in the Director of Town and Country Planning.
Section 51 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, pertains to the Revision powers of the Director. The Section empowers the Director to review any order passed or proceeding taken under the Act, but with a limitation period of not later than two years from the date of such order or proceeding. This provision acts as a supervisory mechanism to ensure correctness and legality of decisions made by subordinate authorities.
Section 51 serves as a corrective mechanism to address errors or irregularities in orders passed by subordinate planning authorities. The scope includes:- Review of development plan approvals- Scrutiny of zoning plan decisions- Examination of land use permissions- Correction of procedural irregularities
The two-year limitation period ensures finality while allowing sufficient time for supervisory review.
Section 51 itself does not prescribe punishment. However, the Adhiniyam provides for penal consequences for violations under other sections. The Act prescribes that contravention of its provisions may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
Delegation of Powers - The power of delegation under Section 51 of the U.P. Urban Planning and Development Act, 1973 (analogous provision) confers power upon the CEO of an Authority to delegate its power to such officer of the authority subject to conditions as may be specified. The CEO's final decision on allotment made by a note on the note-sheet, with only ministerial work delegated to ACEO, does not constitute impermissible delegation. GORAKHPUR TEXPARK PRIVATE LTD. VS STATE OF U. P. - 2018 0 Supreme(All) 858
Bailability of Offences - When an offence under Section 51 of the Wild Life Protection Act, 1972 (which has similar penalty structure) is read along with Part II of Schedule I of Cr.P.C., it becomes a bailable offence where the maximum sentence provided is 3 years. This principle of classification under other special laws for determining bailability applies similarly. Mashkoor Ullah VS State Of Madhya Pradesh - 2020 0 Supreme(MP) 688
Adjudication Proceedings - Under Section 51 of FERA, 1973, the Adjudicating Authority is required to follow principles of natural justice. A hearing notice giving 10 days' time followed by a second notice with one week's time is not considered "unreasonably short time" for preparation, and the Adjudicating Authority is not obligated to grant repeated adjournments. M. V. Mohammed Basheer VS Directorate of Enforcement - Appellate Tribunal For Foreign Exchange (2005)
Right of Cross-Examination - Under Section 51 read with Rule 3 of the Adjudication Rules, cross-examination may be permitted if its denial prejudices the party. However, if the appellants are given full opportunity to inspect and rebut documents, even without cross-examination of the witness producing incriminating documents, it constitutes sufficient compliance with principles of fair play. Telestar Travels Pvt. Ltd. VS Special Director of Enforcement - 2013 2 Supreme 225
Review Jurisdiction - Every Tribunal has inherent jurisdiction to correct any error committed by it so that justice is done to both assessee and the revenue, but review does not confer power to re-hear matter on merits. A distinction exists between procedural review and a review on merits, the latter not being permissible. Ruchi Soya Industries VS Asstt. Director, Enforcement of Directorate - Crimes (2014)
Delay in Adjudication - A lapse of 30 to 35 years in adjudication process under Section 51 of FERA, 1973, is not justified. If the department is not alleging any malice on part of the petitioners and no explanation is found for the delay, the respondents cannot be allowed to re-open proceedings, as it would cause serious detriment and prejudice to the petitioners. CAMBATA INDUSTRIES PVT. LTD. , MUMBAI VS ADDITIONAL DIRECTOR OF ENFORCEMENT, MUMBAI - 2010 0 Supreme(Bom) 80
Transitional Provisions - Any appeal filed after 01.06.2000 against an order of the Adjudicating Officer passed under Section 51 of FERA in proceedings initiated under FERA would lie before the Appellate Tribunal under Section 19 of FEMA. The Appellate Board under FERA stood dissolved and was equated with the Appellate Tribunal under FEMA by virtue of the saving clause. Union of India VS Premier Limited (Formerly Premier Automobiles Ltd. ) - 2019 3 Supreme 339
Harmonious Construction - When a statute prescribes penal consequences and there is scope for statutory enquiry on subjective satisfaction, mens rea is a relevant factor. A harmonious construction of Section 10 read with Section 23 (corresponding to Section 51 of FERA, 1973) requires that violation of Section 10(1)(a) independently cannot attract penal consequences until a decision under Section 10(2) is reached. GRINDLAYS BANK P. L. C. VS UNION OF INDIA - 2001 0 Supreme(Cal) 227
Legislative Intent - In interpreting a statute, even-handedness will not discharge against a public statute of broad spectrum policy in cases admitted to fall within the statute, and it is the responsibility of the Court to give effect to the legislative intent. Equity can supplement but cannot supplant statutory provisions. Suneeta Bharti VS State Of U. P. - 2022 0 Supreme(All) 456
Search of Persons - Section 51 of Cr.P.C., 1973, dealing with search of arrested persons, provides that the officer making the arrest may search such person and place in safe custody all articles found upon him. A receipt showing articles taken in possession shall be given to such person. The section does not require signatures of witnesses on the recovery memo or giving a copy of the memo to the accused. GANGA RAM VS STATE OF UTTAR PRADESH - 1992 0 Supreme(All) 495
Procedural Compliance - Section 51 of the NDPS Act provides that the provisions of Cr.P.C., 1973 shall apply to warrants, arrests, searches, and seizures under the NDPS Act insofar as they are not inconsistent. This mandates compliance with Section 100(4) and (8) of Cr.P.C. regarding calling independent witnesses for search. Abid Khan VS State of Rajasthan - 2006 0 Supreme(Raj) 276
Delegation by Vice-Chairman - Under Section 51(2) and (3) of the U.P. Urban Planning and Development Act, 1973, the Authority and the Vice-Chairman may, by general or special order, direct that any power exercisable by them may also be exercised by such officer of the Authority in such cases and subject to such conditions as may be specified. GOENKA MOTORS PVT. LTD. , VARANASI VS STATE OF U. P. - 2010 0 Supreme(All) 3973
Penal Provisions - The Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, provides that contravention of its provisions may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both. (Source - MP Nagar Tatha Gram Nivesh Adhiniyam)
Time Limit for Revision - Section 51 in the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (similar provision) states that the Director may, at any time, but not later than two years from the date of the order or proceeding, exercise revisional powers. This ensures a definite limitation period for supervisory review. (Source - Section 51 in Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam)
Annual Estimates - Under the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973, Section 51 also deals with Annual Estimates, requiring the Chairman to lay, not later than 10 [specified date], the annual estimates before the authority. (Source - M.P. Nagar Tatha Gram Nivesh Adhiniyam 1973, Section 51)
Students Union - Under the State Universities Act, 1973, Section 51 read with Section 53 and 66A, the right to elect the office bearers of the Students Union is not a part of the right to education. The State Government cannot issue directions to the University to frame ordinances for the constitution of Students Union in affiliated degree colleges. COMMITTEE OF MANAGEMENT, S. M. COLLEGE, CHANDAUSI, MORADABAD VS STATE OF U. P. - 2004 0 Supreme(All) 2385
(1) The State Government may, if it considers it necessary in public interest so to do, give directions to the Town and Country Development Authority,--
(a) to frame a town development scheme;
(b) to modify a town development scheme during execution;
(c) to revoke a town development scheme, for reasons to be specified in such direction :
Provided that no direction to modify or revoke a town development scheme shall be given unless the Town and Country Development Authority is given an opportunity to present its case.
(2) The directions given by the State Government under this section shall be binding on the Town and Country Development Authority.
As from the date of publication of the declaration to prepare a town development scheme, 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, save in accordance with the development authorised by the Director in accordance with the provisions of this Act prior to the publication of such declaration.
1[If the Town and Country Development Authority fails to commence implementation of the town development scheme within a period of two years or complete its implementation within a period of five years from the date of notification of the final scheme under Section 50, it shall, on expiration of the said period of two years or five years, as the case may be, lapse :
Provided that, if a dispute between the authority and parties, if any, aggrieved by such scheme, is brought before a Court or Tribunal of competent jurisdiction, for consideration, the period for which such dispute pending before such Court or Tribunal shall not be reckoned for determination of the lapse of the scheme.]
___________________
1. Substituted by M.P. Act No. 8 of 1996 (w.e.f. 17-4-1996).
Land needed for the purpose of town development scheme shall be deemed to be a land needed for a public purpose within the meaning of the Land Acquisition Act, 1894 (No. 1 of 1894).
The Town and Country Development Authority may at any time after the date of publication of the final town development scheme under Section 50 but not later than three years there from , proceed to acquire by agreement the land required for the implementation of the scheme and, on its failure so to acquire, the State Government may, at the request of the Town and Country Development Authority, proceed to acquire such land under the provisions of the Land Acquisition Act, 1894 (No. 1 of 1894) and on the payment of compensation awarded under that Act and any other charges incurred by the State Government in connection with the acquisition, the land shall vest in the Town and Country Development Authority subject to such terms and conditions as may be prescribed.
(1) The Town and Country Development Authority shall take necessary steps to develop the land vested in it under Section 56 in accordance with the provisions of the town development scheme :
Provided that if the State Government or the Director has, after such enquiry as may be necessary, reason to believe that the Town and Country Development Authority is not taking adequate steps to develop the land or has deviated from the final scheme, it/he may give such directions to that authority as may be considered necessary in the circumstances.
(2) The directions given under this section shall be binding on the Town and Country Development. Authority and that authority shall give effect to them forthwith.
Subject to such rules as may be made by the State Government in this behalf, the Town and Country Development Authority shall, by regulation, determine the procedure for the disposal of developed lands, houses, buildings and other structures.
(1) Where as a result of the implementation of town development scheme, there is, in the opinion of the Town and Country Development Authority, as appreciation in the market values of lands adjacent to and affected by a scheme the Town and Country Development Authority may, in lieu of providing for the acquisition of such land, levy development charges on owners of such land.
(2) The development charges shall be an amount equal to not less than one-fourth and not more than one-third of the difference between the value of the land on the date of publication of the intention to prepare the town development scheme and the date of completion of the scheme.
(1) On completion of the town development scheme, the Town and Country Development Authority, shall, by a notice in such form and published in such manner as may be prescribed, declare the fact of such completion and of its intention to levy development charges in the area covered by the scheme, calling upon owners of land liable to pay development charges to submit objection, if any, within such period which shall not be less than thirty days from the date of publication of the notice, and to such authority as may be specified in the notice.
(2) The authority specified in the notice shall after giving the objectors an opportunity to be heard, forward the report to the Town and Country Development Authority.
(3) On receipt of the report under sub-section (2) the Town and Country Development Authority shall pass such orders thereon as it
The Town and Country Development Authority shall have its own fund and all receipts of that authority shall be credited thereto and all payments by that authority shall be made there from .
1[(1) Every Town and Country Development Authority shall be entitled to receive grant in aid from the State Government and the local authority at the rate specified in sub- section (2).
(2) The grant-in-aid shall be calculated as under :--
Rs. 2000 for every 10,000 units of population up to the first 50,000; and
Rs. 2000 for every 20,000 units of population above 50,000 :
Provided that half or more unit shall be reckoned as a full unit for the purposes of calculating the amount of annual contribution.
(3) If the Local Authority makes default in the payment of any sum under this section, the State Government may, by order, direct the person having the custody of the balance of the fund of a Local Authority
(1) The Chief Executive Officer shall cause to be prepared not later than the 10th March every year a statement of annual income and expenditure, giving the estimates and actuals of the past year and the estimates of the next financial year.
(2) The annual statement (hereinafter called the "budget") so prepared shall be placed by the Chief Executive Officer, with the prior approval of the Chairman, before the Town and Country Development Authority.
(3) The Town and Country Development Authority shall consider the estimate so submitted to it and sanction the same either unaltered, or subject to such alterations as it may think fit.
(4) A copy of the budget as sanctioned under sub-section (3) shall be submitted to the State Government and the Director.
&nbs
Subject to such terms and conditions as may be prescribed the Town and Country Development Authority may, with the prior sanction of the State Government, issue debentures or borrow money from Government or the open market for all or any of the purposes of this Act.
1[Any sum due to the Town and Country Development Authority under this Act shall be recoverable in the same manner as arrears of land revenue.]
______________
1. Inserted by M.P. Act No. 12 of 1975 (w.e.f. 4-6-1975).
(1) If any area, town or township, is designated as a special area in the regional plan, or if the State Government is otherwise satisfied that it is expedient in the public interest that any area, town or township should be developed as a special area. It may, by notification, designate the area as a special area, which shall be known by such name as may be specified therein.
(2) Such notification shall define the limits of special area.
(3) The State Government may, by notification,--
(a) alter the limits of the special area so as to include therein or exclude there from such area as may be specified in the notification;
(b) declare that the special area shall cease to be so.
(4) 1[x x x]
1[(1) Every special area shall have a Special Area Development Authority consisting of,--
(a) a Chairman;
(b) one or more Vice-Chairman; and
2[(c) such number of members as the State Government may determine from time to time out of whom at least two shall be women to be appointed by the State Government.]
(2) The names of the Chairman, Vice-Chairman and other members shall be notified in the Gazette.
(3) The term of office of Chairman, Vice-Chairman and other members shall be such as may be prescribed.
(4) The salaries and allowances payable to, and other terms and conditions of service of the Chairman and Vice-Chairman shall be such as may be prescribed.
&
Every Special Area Development Authority shall be a body corporate with perpetual succession and a common seal and shall have power to acquire, hold and dispose of property, both movable and immovable and to contract and sue and be sued by the name specified in the notification under sub-section (1) of Section 64.
1[Every Special Area Development Authority shall have such officers and servant as may be necessary and proper for the efficient discharge to its duties, appointments to the posts of officers and servants included in the State cadre of the relevant cadre of the Development Authority Service shall be made by the State Government and to those posts of officers and servants included in the local cadre of the said services shall be made by the concerned Town and Country Development Authority in accordance with the provisions of Chapter IX-A and rules made there under :
Provided that no posts shall be created in any authority save with the prior sanction of the State Government.]
__________________
1. Substituted by M.P. Act No. 11 of 1991 (w.e.f. 16-7-1991).
The functions of the Special Area Development Authority shall be,--
(i) to prepare, if required to do so, the development plan for the special area;
(ii) to implement the development plan after its approval by the State Government;
(iii) for the purpose of implementation of the plan, to acquire, hold, develop, manage and dispose of land and other property.
1[(iv) x x x]
(v) to otherwise perform all such functions with regard to the special area as the State Government may, from time to time, direct :
Provided that functions specified in clauses (v) and (vi) shall not be performed unless so required by the State Government.
The Special Area Development Authority shall,--
(a) for the purpose of acquisition of land, exercise the powers and follow the procedure which a Town and Country Development Authority have or follows under this Act;
(b) for the purpose of planning, exercise the powers which the Director has under this Act;
1[(c) x x x]
__________________
1. Omitted by M.P. Act No. 14 of 1994.
(1) Every Special Area Development Authority shall have its own fund and all receipt of that authority shall be credited thereto and all payments of that authority shall be made there from .
(2) The Special Area Development Authority may for all or any of the purposes of this Act,--
(a) accept grants from the State Government or a local authority;
(b) raise loans, subject to such terms and conditions as may be prescribed.
(1) The Chairman shall lay, not later than 10th of March every year, before the Special Area Development Authority an estimate of the income and of the expenditure of that authority for the year commencing on the first day of April next ensuing in such detail and form as that authority may from time to time direct.
(2) Such estimate shall make provision for the due fulfillment of all liabilities of the Special Area Development Authority and for the efficient implementation of this Act and shall be complete and a copy thereof shall be sent to each member that authority at least ten clear days prior to the meeting before which the estimate is to be laid.
(3) The Special Area Development Authority shall consider the estimate so submitted and shall sanction the same either unaltered or subject to such alterations as it may think fit.
&nbs
The State Government shall have power of superintendence and control over the acts and proceedings of the officers appointed under Section 3 and the authorities constituted under this Act.
(1) In the discharge of their duties the officers appointed under Section 3 and the authorities constituted under this Act shall be bound by such directions on matters of policy as may be given to them by the State Government.
(2) If any dispute arises between the State Government and any authority, as to whether a question is or is not a question of policy, the decision of the State Government shall be final.
Notwithstanding anything contained in any other enactment for the time being in force, the State Government may, with a view to ascertaining that no repugnancy exists or arises with the provisions of this Act or the rules made there under, review the town improvement schemes, building plans or any permission for construction sanctioned or given by any authority under development plans, sanctioned under any enactment for the time being in force and may revoke, vary, or modify any scheme, plan, permission or sanction in order to bring such scheme, plan, permission or sanction in conformity with the provisions of this Act :
Provided that no order under this section shall be made without giving a reasonable opportunity of being heard to the persons affected thereby.
(1) The State Government may, by notification, delegate to any officer or authority subordinate to it all or any powers conferred on it by or under this Act other than the power to make rules.
(2) Subject to such restrictions as may be imposed by the State Government by a general or special order, the Director may, by an order in writing, delegate to any officer subordinate to him all or any powers exercisable by him under this Act or the rules made there under, other than the power to hear appeal and revision.
(1) Whenever in the opinion of the State Government the continued existence of any authority constituted under this Act is unnecessary or undesirable, the State Government may, by notification, declare, that such authority shall be dissolved from such date as may be specified therein and the authority shall stand dissolved accordingly.
1[(2) As from the said date,--
(a) all assests and liabilities of the authority shall stand vested in the Municipality in that area and such Municipality shall have all powers necessary to take possession of, recover and deal with such assets and discharge such liabilities;
Provided that in cases where the area of such authority falls in different Municipalities the assets and liabilities of the authority shall be distributed among the Municipalities in such man
1[CHAPTER IX-A
DEVELOPMENT AUTHORITIES SERVICES
In this Chapter, "Development Authorities" means,--
(i) Town and Country Development Authority;
(ii) Special Area Development Authority; and
(iii) Improvement Trust constituted under Section 4 of the Madhya Pradesh Town Improvement Trust Act, 1960 (No. 14 of 1961).
_______________
1. Inserted by M.P. Act No. 4 of 1983 (w.e.f. 19-11-1982).
(1) With effect from such date as the State Government may, by notification, appoint in this behalf, there shall be constituted the Development Authorities Service for the purpose of providing officers and servants to all Development Authorities in the State. The Development Authorities Service shall consist of,--
(a) cadre of Development Administrative Officers;
(b) cadre of Development Engineers;
(c) cadre of Development Planning Officers;
1[(d) such other cadres to be determined by the functions entrusted to the officers included in the cadre for carrying out the purposes of this Act, as the State Government may by notification specify. Each cadre shall consist of--
(i) the State cadre;
1[The State Government on its own motion, authorise a person by order in writing to hold an enquiry into the Constitution, working and financial conditions of a Development Authority.
(2) The person authorised under sub-section (1) shall, for the purpose of an enquiry under this section, have the following powers, namely,--
(a) he shall at all times have free access to the books, accounts and documents belonging to the Development Authority and may summon any person in possession and responsible for the custody of such books, accounts and documents to produce the same;
(b) he may summon any person who he has reason to believe has knowledge of any of the affairs of the Development Authority to appear before him and may examine such person on oath.
(3
If in the course of audit, inquiry or inspection, it is found that any person who is or was entrusted with the organisation or management of the Development Authority, which shall include the Chairman and such other officers and servants of such authority, is responsible for an act of omission or commission causing pecuniary loss to the Development Authority, the State Government may after due enquiry order such person to make good such of the loss, as the State Government may consider just and equitable :
Provided that no order under this section shall be made unless the person concerned is given a reasonable opportunity of being heard, in the matter :
Provided further that in addition to recovery in such cases the State Government may also initiate such other action against such person or persons as it may deem fit.
&nbs
As from the date appointed under sub-section (1) of Section 76-B, the Madhya Pradesh Town Improvement Trusts Act, 1960 (No. 14 of 1961), shall to the extent it contains provision relating to matters for which provision is contained in this chapter and in respect of officers and servants covered thereby stand repealed.
(1) Without prejudice to any other provisions of this Act, the Director or any authority established under this Act may enter into or upon, or cause to be entered into or upon any land or building for the purpose of the preparation of plan or scheme under this Act for,--
(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
No Court inferior to that of Magistrate of the first class shall try an offence punishable under this Act.
Section 78 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, deals with the procedures and powers related to the acquisition of land for development schemes, especially in the context of urban planning and development. It provides a framework for the process of land acquisition, the role of authorities, and the legal safeguards involved in such procedures, aligning with constitutional provisions and statutory rules.
Section 78 authorizes the authorities to acquire land for implementing development schemes, including town planning, improvement, or development projects. It stipulates that the acquisition shall be carried out in accordance with the provisions of the Act and relevant rules, including the requirement of prior notice, opportunity for objections, and payment of compensation. The section also emphasizes that the acquisition process must follow the prescribed procedures to ensure legality and fairness.
Section 78 primarily governs the process of land acquisition by the authorities for public development projects under the Act. It applies to schemes related to urban planning, town development, and improvement projects. The section ensures that the acquisition is transparent, fair, and in accordance with law, safeguarding the rights of landowners while facilitating urban development. It also intersects with rules like the Madhya Pradesh Nagar Tatha Gram Nivesh Rules, 1975, and the Madhya Pradesh Bhumi Vikas Rules, 1984/2012, which specify the procedural details.
While Section 78 itself does not specify penalties, violations such as illegal acquisition, failure to follow prescribed procedures, or wrongful denial of compensation can attract penalties under the Act and related statutes. Offenders may be subject to disciplinary action, compensation liability, or criminal proceedings depending on the nature of the violation.
This concise legal analysis underscores the importance of procedural compliance, the rights of landowners, and the statutory safeguards embedded in Section 78 and associated rules for lawful land acquisition under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973.
No Court shall take cognizance of any offence under this Act except on a complaint in writing made over the signature of an officer duly authorised by the Director or a Town and Country Development Authority or a Special Area Development Authority, as the case may be.
Every member and every officer of an authority established under this Act shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (No. 45 of 1860).
No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rules made there under.
Section 81 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, deals with the liability of persons in charge of vehicles for contraventions relating to land use, construction, or development activities under the Act. It primarily aims to regulate unauthorized development and ensure compliance with statutory provisions through penal measures. The section emphasizes the importance of lawful procedures, proper service, and the role of authorities in enforcement.
Section 81 provides that no person in charge of a vehicle shall cause or allow the vehicle or any trailer or other conveyance to be used in contravention of the provisions of the Act or rules made thereunder. It also stipulates that such person shall be liable for penalties if found in violation, and it empowers authorities to take necessary action for enforcement.
While Section 81 itself primarily provides for liability and penalties, the Act generally stipulates that contravention can attract:- Fines: Penalties may include monetary fines, which can extend to several thousand rupees.- Imprisonment: In certain cases, imprisonment may be prescribed, depending on the severity of the violation.- Vehicle confiscation: Vehicles used in contravention can be seized or confiscated by authorities.- Additional penalties: Such as demolition, removal of unauthorized structures, or suspension of permissions.
In conclusion, Section 81 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, plays a crucial role in enforcing land development laws by holding persons in charge of vehicles liable for contraventions, with provisions for penalties, vehicle seizure, and enforcement mechanisms, all aimed at ensuring lawful urban development and compliance with statutory norms.
No act of a Town and Country Development Authority or a Special Area Development Authority or any of its committed shall be invalid merely by reason of,--
(a) any vacancy in, or defect in the Constitution thereof; or
(b) any defect in the appointment of a person acting as a Chairman or member thereof; or
(c) any irregularity in the procedure thereof not affecting the merits of the case.
A Chairman or a member of a Town and Country Development Authority or a Special Area Development Authority shall notwithstanding the expiration of his term, continue to hold office till his successor enters upon office.
(1) If any question arises regarding the interpretation of any regional plan, the matter shall be referred to the Director who shall pass such order thereon as he may deem fit.
(2) Any person aggrieved by the decision of the Director may prefer an appeal to the State Government within such time and in such manner as may be prescribed.
(3) The decision of the State Government and subject to the decision of the State Government, the decision of the Director shall be final.
(1) The State Government may, after previous publication, make rules for carrying out the purposes of this Act.
1[Provided that the condition of previous publication shall not apply in respect of rules made under clause (xvii-a) of sub-section (2).]
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,--
(i) other categories of officers which may be appointed under Section 3 (1)(e);
(ii) the form and manner of publication of notice inviting objections and suggestions under Section 8(1);
(iii) the manner of publication of the regional plan under Section 9 (2);
(iv) the manner of publication of an existing l
(1) A Town and Country Development Authority or Special Area Development Authority, as the case may be, may, subject to
the provisions of this Act and the rules made there under, make regulations generally to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality on the foregoing power, such regulations may provide for,--
(a) the summoning and holding of meetings, the time and place where such meetings shall to be held; the conduct of business thereat;
(b) procedure for disposal of developed lands, houses, buildings and other structures under Section 58;
(c) the management of property and the maintenance and audit of accounts;
&
1[(1) As from the date of,--
(a) the coming into force of the provisions of Chapter II the reference to Chief Town Planner in any enactment for the time being in force, shall be construed as a reference to the Director;
(b) the Constitution of a planning area, the following consequences shall ensue, namely--
(i) the Madhya Pradesh Town Planning Act, 1948 (No. 17 of 1948), shall stand repealed in such area;
(ii) any land use map, draft development plan or development plan prepared under the said Act, shall be deemed to have been prepared under this Act and all papers relating thereto shall stand transferred to the Director;
(c) the establishment of the Town and Country Development Authority for any area th
The Madhya Pradesh Nagar Tatha Gram Nivesh Adhyadesh, 1973 (No. 2 of 1973) is hereby repealed.
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
