Visvesvaraya National Institute of Technology, Nagpur

A review of a state town and country planning act

Submitted to
Dr. Vidya Ghuge

Submitted By
Ekta Raghuvanshi
MT20UPL008
M.Tech
 Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973

Legislative history-

Received the assent of the president on the

“Madhya Pradesh gazette", dated the 26th april,
1973.
An act to make provision for planning and
development and use of land.
 to make better provision for the preparation of
development plans and zoning plans with a view to
ensuring town planning schemes are made in a
proper manner and their execution is made
effective.
to constitute town and country planning authority
for proper implementation of town and country
development.
 to provide for the development and
administration of special areas through special area
development authority\ to make provision for the
compulsory acquisition of land required for the
purpose of the development plans and for purposes
connected with the matters aforesaid.
 Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973
The M.P. nagar tatha gram nivesh adhiniyam, The maharashtra regional and town planning act,
1973 1966.
Chapter 1 Preliminary Preliminary.
Chapter 2 Director of town and country planning Provisions relating to regional plans

Chapter 3 Regional planning Development plan, area development authority.

Chapter 4 Planning areas and development plans Control of development and use of land included in
development plans., unauthorised development

Chapter 5 Zoning plan Town planning schemes.

Chapter 6 Control of development and use of land New towns., levy, assessment and recovery of
development charge.
Chapter 7 Land acquisition.
Chapter 8 Special areas Finance, account and audit.
Chapter 9 Control Supplemental and miscellaneous provisions.

Chapter 10 Development authorities services

Chapter 11 Miscellaneous
Chapter 12 Rules and regulations
Chapter 13 Repeal
 Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973
Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973
Regional Planning
Establishment of regions- Declare any area to be a region,
define the limits, specify the name of the region.
Director to prepare regional plans- It shall be the duty of
the director-to prepare an existing land use map and a
regional plan.
Survey-carry out such surveys or obtain from any
department.
Contents of regional plan- Allocation of land for different
purposes.
Preparation of regional plan-After preparation of the
existing land use map director shall prepare a draft regional
plan.
Inviting objections and suggestions from any person after
sixty days from the publication of the notice.
 The director shall consider all the objections and
suggestions
Prepare the regional plan containing such modifications.
Finalisation of regional plan-State government may
approve the draft regional plan with or without
modification or return the same to the director for
reconsideration.
The Maharashtra Regional and Town Planning Act, 1966.
Provisions relating to regional plans
Establishment of Region and alteration of its limit-
Establish any area in the State to be a Region, defining its
limits, alter the name of any such Region .
It shall be the duty of a Regional Board—
To carry out a survey of the Region, to prepare an existing-
land-use map Regional plan.
Survey of Region and preparation of Regional plan-
Carry out a survey thereof, prepare an existing-land-use
map, and other maps as are necessary.
Contents of Regional plan- Regional plan shall indicate the
manner in which land in the Region should be used.
 Allocation of land for different uses.
 Procedure to be followed in preparing Regional plans-
• carrying out the necessary surveys
• preparing an existing-land-use map
•Invite objections and suggestions from any person
•Such after four months from the publication of the notice.
•Prepare the Regional plan containing such modifications.
•Submission of Regional plan to State Government for
approval.
•The State Government may, either approve the Regional
plan without modification, or with modifications, or reject
the plan.
 Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973
Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973 The Maharashtra Regional and Town Planning Act, 1966.

Restriction on use of land for development-

Restriction on change of user of land or development.
no person, authority, department of government or any
The Collector shall be authority Competent to take action
other person shall change the use of land for any purpose
in respect of unauthorized development.
other than agriculture.
State Government may declare an unauthorized structure
If any work is carried out in contravention of the
to be a compounded structure.
provisions the municipal corporation in areas , may remove
No further construction shall be permissible in any
such work.
compounded structure.
Any person aggrieved by the order may be, calling upon
 No compensation shall be awarded if compensation in
to demolish the work may prefer an appeal to the director
respect of such restrictions imposed has already been paid.
within fifteen days of the receipt of the notice and the
Revision or modification of Regional plan.-
order of the director in such appeal shall be final.
If the State Government at any time thinks that revision in
Exclusion from claims of compensation in certain cases-
Regional plan is necessary and, to undertake such revision,
If compensation in respect of restrictions have already
the State Government may constitute a Regional Planning
been paid under any other.
Board.
Review of regional plan- The Director at any time after a
regional plan has come into operation, undertake the
review of the regional plan.
 Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973
Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973
Planning areas and development plans
 Planning area
The State Government may Alter the limits, amalgamate
or divide any planning area.
Prepare a development plan;
The Director shall carry out the survey and prepare an
existing land use map and publish the same
inviting objections within thirty days from the date of
publication notice.
with or without modifications the Director shall publish a
public notice of the adoption of the map.
Indicate measures for flood control, prevention of air and
water pollution, disposal of garbage and general
environmental control.
Constitution of Committee- consisting of the following
Mayor of the Municipal Corporation
President of the Zila Panchayat
Members of Parliament , All Members of the State
Legislative Assembly Chairman of the Town and Country
Development Authority representing constituencies which
wholly or partly fall within the planning area;
President of the Janpad Panchaya
 Sarpanchas of the Gram Panchayats
The Maharashtra Regional and Town Planning Act, 1966.
Development plan, area development authority
Development plan
After the commencement of this Act, but not later than
three years every Planning Authority shall prepare an
existing land-use .
 declare its intention to prepare a draft Development plan
After the declaration of intention but not later than six
After
months Planning Authority shall carry out a survey of the
lands
Contents of Development plan.
A Development plan shall generally indicate the manner in
which the use of land in the area of a Planning Authority
shall be regulated
Proposals for flood control and prevention of river
pollution
The filling up or reclamation of low lying, swampy or
unhealthy areas.
Inviting suggestions or objections from the public within a
period of not less than sixty days from the publication of the
notice
Preparation and publication of notice of draft
Development plan.
A Planning Authority not later than two years from the
date of notice published
 Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973
Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973
Other persons not exceeding seven to represent specific
interests
The Committee shall hear the objections and suggest
modifications or alterations, if any
Publication of draft development plan- The director shall
publish the draft development plan.
And inviting objections and suggestions in writing within
thirty days from the date of communication of such notice.
The committee shall within ninety days after the
publication of the notice, consider all the objections and
suggestions .
sanction of development plans- State government 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
The state government shall, 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.
After considering objections and suggestions the state
government may confirm the modification in the
development plan.
The development plan shall come into operation from the
date of publication.
The Maharashtra Regional and Town Planning Act, 1966.
prepare a draft Development plan and publish it.
Sanction to draft Development plan
Subject to the provisions of this section, and not later than
six months, the State Government may, after consulting the
Director of Town Planning sanction the draft Development
plan submitted to it.
Either without modification,or subject to such
modifications as it may consider proper, or return the draft
Development plan to the Planning Authority.
A Development plan which has come into operation shall
be called the final Development plan. Provisions for
preparation of interim Development plans, plans for areas of
Comprehensive development, etc.
Interim Development plan.
Pending the preparation of a draft Development plan, a
Planning Authority shall, when so directed by the State
Government, prepare an interim Development plan .
 Comprehensive development plan- Detailed development
of specific areas for urban renewal, housing, shopping
centres, industrial areas, civic centres, educational and
cultural institutions, control of architectural features.
Revision of Development plan.
At least once in twenty years from the date on which a
Development plan has come into operation Planning
Authority may at any, revise the Development plan.
 Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973
Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973
Control of Development and use of Land
Penalty for unauthorised development- Without
permission required under this Act,in contravention of any
permission which has been duly modified person shall be
punished with imprisonment for a term which may extend
to six months, or with fine which may extend to two
thousand rupees or with both.
Power to require removal of unauthorised development
Where any development has been carried out 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.
To restore the land to its original condition to demolition or
alteration of any building or works.
Any person aggrieved by such notice may, within fifteen
days of the receipt of the notice and in the manner
prescribed, apply to the Director for permission for
retention on the land of any building or works or for the
continuance of any use of the land to which the notice
relates and till the time the application is disposed of, the
notice shall stand withdrawn.
The Maharashtra Regional and Town Planning Act, 1966.
Unauthorised development
Penalty for unauthorised development- Any person who
changes the use of any land without permission,
Shall, be punished with imprisonment for a term which shall
not be less than one month but which may extend to three
years and with fine which shall not be less than two
thousand rupees.
Power to require removal of unauthorised development.
Where any development of land has been carried out
without permission provisions of this section, serve on the
owner, a prior notice of 24 hours requiring him to restore
the land to conditions existing before the said development
took place.
If the owner fails to restore the land accordingly, the
Planning Authority shall immediately take steps to demolish
such development.
Where any development of land has been carried out
without permission granted Planning Authority may, serve
one months’ notice on the owner requiring him to take
necessary steps as specified in the notice.
Any person aggrieved by such notice may , apply for
permission for retention on the land of any building or
works or for the continuance of any use of the land.
 Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973
Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973
Development undertaken on behalf of Union or State
Government
When the Union Government or the State Government
intends to carry out development of any land the Officer-
in-Charge thereof shall inform in writing to the Director the
intention of the Government to do so.
Where the Director raises any objection to the proposed
development on the ground the officer shall-
Make necessary modifications in the proposals for
development to meet the objections raised by the Director
 Or submit the proposal for development together with
the objections raised by the Director to the State
Government for decision
When no modification is proposed by the Director within
thirty days of the receipt of the plan of the proposed
development the plan will be presumed to have been
approved.
The State Government, shall, approve the proposals with
or without modifications or direct the officer to make such
modifications in the proposals as it considers necessary in
the circumstances.
Deletion of reservation of designated land from draft or
final development plan
The Maharashtra Regional and Town Planning Act, 1966.
Development undertaken on behalf of Government.
When any Government intends to carry out development
of any land the officer incharge thereof shall inform in
writing the Planning Authority the intention of Government
to do so and plans as may be prescribed at least thirty days
before undertaking such development.
Where a Planning Authority raises any objection to the
proposed development officer shall—
Either make necessary modifications in the proposals for
development
Submit the proposals for development together with the
objections raised by the Planning Authority to the State
Government for decision
The State Government shall approve the proposals with or
without.
The development proposals approved by the State
Government shall remain in force for a period of one year
from the date of grant of such approval, and thereafter it
shall lapse State Government may extend such period from
year to year, but such extended period shall in no case
exceed three years.
Removal or discontinuance of unauthorised temporary
development summarily
Provisions relating to certain develapments as compunded
structure.
 Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973
Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973
Town and Country Development Authority
The State Government may, by notification, establish a
Town and Country Development Authority
The duty of implementing the proposal in the
development plan, preparing one or more town
development schemes and acquisition and development of
land shall, vest in the Town and Country Development
Authority
All assets and liabilities shall belong to Town and Country
Development Authority.
Incorporation of Town and Country Development
Authority
Every Town and Country Development Authority shall
have power to acquire and hold property, both moveable
and immoveable and to transfer any property held by it for
the purposes of this Act.
Constitution of Town and Country Development
Authority.
 A Chairman to be appointed by the State Government;
The Collector
four members to be appointed by the State Government
to represent forest, public health, pwd , electricity
department,
Chief Municipal Office and Five non official member
The Maharashtra Regional and Town Planning Act, 1966.
Area development authority
Declaration of development area
The State Government may, amalgamate two or more
development areas into one development area, sub-divide
any development area into different development areas and
include such sub-divided areas in any other development
area.
After the declaration of a development area the State
Government shall, constitute an authority for such area to
be called the Area Development Authority of that
development area.
Every Area Development Authority shall have power to
acquire, hold and dispose of property, both movable and
immovable.
Constitution of Area Development Authority.
An Area Development Authority shall consist of the
following members, namely
•Chairman,
•The Presidents of Zilla Parishads,
•Presidents of Municipal Councils,
•Chief Officers of ; Municipal Councils,
•The Collectors of Districts,
•The Chief Engineer of Maharashtra Jeevan Authority,
Director Ex officio of Land Records, Chief Executive Officer
 Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973
Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973
Town and country development authority
Town development schemes
Preparation of town development schemes.
Daclaration of intention to prepare a town development
scheme.
Not later than thirty days from the date of such
declaration, the town and country development authority
shall publish the declaration
Not later than two years from the date of publication of
the declaration the town and country development
authority shall prepare a town development scheme
Inviting objections and with respect to the said draft
development scheme.
The committee shall consider the objections and
suggestions and shall submit its report to the town and
country development authority .
Powers of state government to give directions-The state
government may, give directions to the town and country
development authority To frame ,to modify, to revoke a
town development scheme.
Lapse of scheme- If the 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 may be, lapse
The Maharashtra Regional and Town Planning Act, 1966.
Town planning schemes
Making of town planning schemes.
Power of Planning Authority to resolve on declaration of
intention to make scheme.
Declaration of intention to prepare scheme in respect of
any part of the area within its jurisdiction.
Not later than thirty days from the date of such
declaration of intention to make a scheme, the Planning
Authority shall publish the declaration in the Official
Gazette.
 Not later than nine months from the date of the
declaration, the Planning Authority shall make a draft
scheme for the area.
If the Planning Authority fails to make a draft scheme and
publish a notice regarding its making within the period
specified the declaration shall lapse,unless the State
Government appoints an Officer to draft scheme.
The State Government may extend the period specified
such period not exceeding three months.
Power of State to sanction draft scheme.
Objections to draft scheme to be considered.
Withdrawal of scheme.
Power of State Government to suspend rule, bye-law, etc
 Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973
Madhya Pradesh Nagar Tatha Gram Nivesh, Niyam- 1973
Town and Country Development Authority–
The Town and Country Development Authority may at
any time after the date of publication of the final town
development scheme but not later than three years there
from, proceed to acquire by agreement the land.
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 and on the
payment of compensation awarded under that Act, the
land shall vest in the Town and Country Development
Authority .
The Maharashtra Regional and Town Planning Act, 1966.
Land acquisition.
Any land that is required for any of the public purposes
specified in any plan under this Act the Planning Authority
can acquire the land By agreement, by paying an amount.
 If the State Government thinks that the land specified in
the application is needed for the public purpose therein
specified, it may make a declaration in respect of the said
land.
Lapsing of reservations.
If any land reserved, allotted or designated for any purpose
specified in any plan under this Act is not acquired by
agreement within ten years from the date on which a final
Regional Plan comes into force. The owner or any person
interested in the land may serve notice to the Planning
Authority; and if within twenty-four months from the date
of the service of such notice, the land is not acquired the
reservation, allotment shall be deemed to have lapsed .
At any time if the State Government, thinks that the
possession of any land which is reserved for a public
purpose is urgently required for any other emergency by
that authority , the State Government may, by an order in
writing to authority or the Collector to take possession of
the land under after giving a notice of fifteen days.