GOVERNMENT OF MAHARASHTRA

LAW AND JUDICICARY DEPARTMENT

Maharashtra Act No. XXXVHI

- The Maharashtra &dona1 and own ~lixri&xlg.

Act, 1966

( A s modified upto the 31st December 2005--.--.

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PRINTED rn I ~ L BY
A THE MANAGER, GOVERMMENTCENTRAL P P ~ S SMUMBAI, AND
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND
PUBLICATIONS, M A H A R A S m STATE, h4UMBAI 400 004

[ Price-Rs. 27.00 1 .\ .
 THE MAHARASHTRA REGIONAL AND TOWN PLANNING
-- t ACT, 1966

CONTENTS

1. Short title, extent and commencement.

2. Definitions.
CHAPTER .I1
PROVISIONS RELATING TO REGIONAL
PLANS
( a ) Regions
3. Establishment of Region and alteration of its limits.
( b ) Constitution of Regional Planning Boards
Constitution of Regional Planning Boards.
Terms of office and conditions of service of members.
Resignation of members.
Vacancies.
Powers and duties of Board.
Meetings of Regional Board, etc.
Consultation or association with experts ; Regional
Planning Committee.
Power of Regional Board to appoint staff.
Expenses of Regional Board.
(c) Regional Plans
Survey of Region and preparation of Regional plan. .
Contents of Regional plan.
Submission of Regional plan to State Government for
approval.
Procedure to be followed in preparing and approving
Regional plans.
Publication of Regional plan and date of its operation.
Restriction on change of user of land or developnlent
thereof.
Exclusion of claims for compensation for injurious
affection.
Revision or modification of Regional plan.
(ii) Maharashtra Regional and Town [ 1966 :Mah. XXXVLI
PlanningAct, 1966
SECTIONS
C&ER 111
DEVELOPMENT PLAN
( a ) Preparation, submission and sanction to Development plan
21. Development plan.
22. Contents of Development plan.
22A. Modification of a substantial nature.
( b ) Procedure to be followed i n preparing and
sanctioning Development plans.
23. Declaration of intention to prepare Development plan.
24. Town Planning Officee
25. ,Provision for survey and preparation of existing-land-
use map.
26. Preparation and publication of notice of draft Develop-
ment plan. . .

27. Provision of Regional plan to be considered.

28.. Objection t o draft Development plan.
29. Modification made after preparing and publishing notice
of draft. nwelapment plan.
30, Submission of draft Development plan.
31. Sanction to draft Development plan.
( c ) Provisions for preparation of Interim
Development plans, plans for areas of
Comprehensive development, etc.
32.Interim Development plan.
33.Plans for areas of Comprehensive development.
34.
- Preparation of Development plan for additional area.

35.Development plans sanctioned by State Government

before commencement of this Act.
36. Development. plan prepared prior to this Act.
37. Minor modification of final Development plan.
37A. Power of State Government or Planning Authority to
permit temporary change of user.
38. Revision of Development plaii.
39. Variation of town planning scheme by Developmeilt
plan.
40. Special Planning Authority for developing certain
notified areas.
41. Expenses of Special Planning Authority t o be met by
contribution by local authorities.
I
42. Implementation of plans. 1 1
1966 :Mah. XXXVII 1 Maharashtra Regional and Town (iii)
PlanningAct, 1966
SEC~ONS . .
CHAPTER IV
C~NTROLOFDEVELOFWENTANDUSE OFLANDINCLUD~DINDEVEIDPMENTPLANS

43. Restrictions on development of land.

44. Application for perm,ission for development.
45. Grant or refusal of permission.
46. Provisions of Development plan to be considered 'before
granting permission.
47. Appeal.
48. Lapse of permission.
49. Obligation to acquire land on refusal of permission or
on grant of permission in certain cases.
50. Deletion of reservation of designated land for interim,
draft of final Development plan.
51. Power of revocation and modification of permission to
development.

52. Penalty for unauthorised development o r for u s e

otherwise than in conformity with Development plan.
53. Power t o require removal of unathorised development.
54. Power to stop unauthorised development.
55. Rernoval or discontinuance of unathorised temporary
development summarily.
56. Power to require removal of unauthorised development
or use.
57. Recovery of expenses incurred.
58. Development undertaken on behalf of Government.
CHAPTER V
TOWN PUNNINGSCHEMES
(a) Making of town planning schemes
59. Preparation and contents of town planning scheme.
GO. Z'owcr of Planning Authority to resolve on declaration
of intention to make scheme.
61. Making and publication of draft scheme by means of
notice.
62. Inclusion of additional area in draft scheine.
63. Power of State Governnlent to require Planning Authority
to make scheme.
64. Contents of draft scheme.
65. Reco~lstitutedplot.'
(iv) hfaharashtra Regional and Town [ 1966 :Mah. XXXVII
Planning Act, 1966
. . .
SEC~IONS I . i

66. Compensation for discontinuance of use.

67. Objections to draft scheme to be considered.
68. Power of State Government to sanction draft scheme.
69. Restrictions on use and development of land after
declaration for town planning scheme.
70. Power of State Government to suspend rule, by-law, etc.
71. Disputed ownership.
( b ) The Arbitrator and t h e Tribunal of Appeal
72. Arbitrator; his powers and duties.
73. Certain decisions of Arbitrator to be fmal.
Appeal.
Constitution of Tribunal of Appeal.
Arbitrator to assist Tribunal in advisory capacity and
his remuneration.
Place where Tribunal may sit.
Decision of questions of law and other questions.
-Powers of Tribunal to decide matter finally.
Tribunal not to be Court.
Remuneration of Arbitrator and Assessors and payment
of incidental expenses of Tribunal.
Decisions of Arbitrator to be final in certain matters.
Possession of land in adirance of town planning scheme.
Commissioner of Police or Magistrate to enforce
delivery of possession of land.
Owner of land of which possession is taken entitled to
interest.
Sanction by State Government to final scheme.
Withdrawal for scheme. .
Effect of final scheme.
(c) Enfol-cenzelzt of S c h e m e s

gower to vary scheme on ground of error, irregulaGty

or informality.
Power to val-y town planning schen~e.
Apportionment; of cost. of scheme withdrawn or not
sacctionrd.
 1966 :Mah. XXXVII I Maharashtra Regional and Town
Planning Act, 1966
. SECTIONS I

( e ) Proceedings before Arbitrator and Tribunal

94. Right to appear by recognised agent.
95. Power to compel attendance of witnesses.
(f) Joint development plans and joint town planning schemes
96. ' J o i n t development plans a n d joint town planning
schemes.
( g ) Finance of Schemes
97. Cost of scheme.
98. Calculation of increment.
99. Contribution towards cost of scheme.
100. C e r t a i n amount to be added to or deducted from
contribution leviable from persons.
101. Transfer of right from original to reconstituted plot or
extinction. of such right.
( h ) Compensation
102. Compensation in respect of property or right injuriously
affected by scheme.
v 103. Exclusion or limitation of compensation in certain cases.
104. Provision for cases in which amount payable to owner
exceeds amount due from him.
105, Provision for case in which value of developed plot is
less than amount payable by owner.
106. Payment by adjustment of account.
107. Payment of net amount due to Planning Authority.
(i) Miscellaneous
108. Power of Planning Authority to make agreement.
109. Recovery of arrears.
110. Disposal of surplus amount.
111. Execution of works in f ; h d scheme by Planning A~thority.
112. Yefialty for rcmot-a1 01' bomdaly stones.
CHAPTER VI
I
NEU' TOWNS
113. Designation of site for new town.
-- 113A. Power of S t a t e Government to acquire l a n d for
Corporation or Company declared to be New Town
Development Authority.
 (vi) Maharashtra Regional and Town [ 1966 :Mah. -1
Planning Act, 1966
I

SECTIONS
114. Objects of Development Authority.
115. Planning a n d control of development in new towns.
116. Acquisition of land by Development Authority constituted
under section 113 (2).
117. Obligation to purchase designated land.
118. Disposal of land by Development Authority.
119. Directions by State Government for disposal of land.
120. Power to make agreement for provision of sc?rvices.
121. Contribution by Development Authority towards expendi- .
t u r e of local authorities a n d statutory authority.
122. Advances and payments by State Government to Develop-
m e n t Authorities.
122A. Power of Development Authority to borrow and to accept
deposits.
- I1
1
123.- Transfer of undertaking of Development Authority.
124. Combination and transfer of Development Authorities. - 1
I
:

I;
CHAPTER VI-A
I
ASSESSMENT
LEVY, AND RECOVERY
OF DEVELOPMENT
CHARGE
1
i
124A. Levy of development charge.
124B. Classification of use of l a n d s a n d buildings, r a t e s of
11
development charge a n d procedure for levy thereof. s' ?
124C. Development charge to be brought into force as specified i
by Government. I

124D. Local publication of notification relating to development

charge with notice. ,

124E. Assessment a n d recovery of development charge.

124F. Exemptions.
124G. Appeal. ,. i
124H. Procedure for filing appeal. 3z. I
/

1241. Iiltercst on a amount of enhanced assessment or of refund. ..T

-b
.

1245. Development Fund. 3-F.,,>

124K. Stoppage of work of developnlent and penalty. _
.if
-~---
i4
I-

124L. Chapter to have overriding effect, but shall be in addition ,

.i
to existing local authority laws. x,

2:
- 1966 :Mah. MMVII 1 Maharashtra Regional and Town
PlanningAct, 1966
= SECTIONS
CHAPTER VII
LANDACQUISITION
125. Compulsory acquisition of land, needed for purposes of
Regional plan, Development plan or Town planning
schemes, etc.
126. Acquisition of land required for public purposes specified
in plans.
127. Lapsing of reservations.
128. Power of State Government to acquire lands for purpose
other t h a n the one for which it is designated in draft
plan or scheme.
129. Possession of land in case of urgency.
CHAPTER VIII

130. Funds.
131. Budget.
- 132. Accounts and Audit of Regional Board.
132A. Accounts and Audit of Special Planning Authority and
Development Authority.
133. Submission of report.
134. Pension. and provident funds.
CHAPTER M
SUPPLEMENTAL
AND MISCELLANEOUS
PROVISIONS
Power of entry.
Service of notice, etc.
Public notice how to be made known.
Notices, etc., to fix reasonable time.
Authentication of orders and documents:
Offences by companies.
Penalty f& obstructing contractor or removing mark.
Sanction of prosecution.
Con~poundingof offences.
Jurisdiction of courts.
Magistrate's power to impose enhanced penalties.
Members and oficers to be public servants.
(viii) Maharashtra Regional and Town [ 1966 :Mah. XXXVII
Planning Act, 1966
SECTIONS
147. Protection of action taken in good faith.
148. Registration of documents, plan o r map in connection
with final plan or scheme not required.
149. Finality of orders.
150. Validation of acts and proceedings.
151. Power to delegate.
152. Power of Planning Authority or Development Authority
to be exercised by certain officers.
153. Power of Planning Authority to borrow money for
Development Plan or for making o r executing town
planning scheme.'
154. Control by State Government.
155. Returns and information.
156. Effect of laws.
157. Power to make agreements.
157A. Authentication of plans and scheme and custody thereof.
158. Power to make rules.
159. Power to make regulations.
159A. Special provisions relating t o New Town Development
Authority and Special Planning Authority.
160. Dissolution of Regional Planning Board, Special
Planning Authority a n d New Town Development
Authority.
161. Vesting of property and rights of local authority ceasing
to exist or ceasing to have jurisdiction.
162. S t a t e Government o r persons appointed by i t may
exercise power o r perform duty conferred or imposed
on Planning Authority and disbursement of expenses.
163. Special provision in case of dissolution, etc., of
Corporation o r Zilla Parishad, etc.
164. (Provisions of Born. LXVII of 1948, Hyd. Act XXI of 1951
and Born. XCIX of 1958 not to apply to town planning
schenzes.) Deleted.
165. Repeal and saving.
 Maharashtra Act No. MMNII of 1966'
REGIONAZ,AND TOWN
~ANMNGA 1966.1
CT,
[Received the assent of the President on the 13th day of
.
December 1966 ; assent first published in the Maharashtra
Government Gazette, Part IV-on the 20th day of December
1966.1.
Amended by Mah. 24 of 1968.
Amended by Mah. 14 of 1971. ,

Amended by Mah. 21 of 1971*

Amended by Mah. 30 of 1972.
Amended by Mah. 11of 1973.
Amended by Mah. 22 of 1973.
Amended by Mah. 42 of 1973 (1-1-1974)t.
Amended by Mah. 47 of 1974 $ (10-6-1974)t.
Amended by Mah. 4 of 1975 (26-1-1975)t.
Amended by Mah. 6 of 1976 (27-4-1976)t.
Amended by Mah. 10 of 1977 (11-3-1977)t.
Amended by Mah. 28 of 1977 (5-12-1977)t.
Amended by Mah. 29 of 1978.
Amended by Mah. 31 of 1983 $ (6-6-1983)t.
Amended by Mah. 16 of 1992 (10-8-1992)t.
Amended by Mah. 10 of 1994 E (14-10-1993)t.
Amended by Mah. 39 of-1994(17-8-1994)t.
Amended by Mah. 5 of 1996 @ (23-11-1995)t.
Amended by Mah. 21 of 1997 @ @ (10-9-1996)t.
Amended by Mah. 48 of 1997# (6-8-1997)t. -
Amended by Mah. 5 of 2000 £ S (29-6-1999)t.
'
Amended by Mah. 10 of 2000 @ @ @ (11-10-1999)t.
Amended by Mah. 7 of 2002 $ $ (9-10-2000)t.
Amended by Mah. 24 of 2002 (1-6-2002)t.
Amended by Mah. 6 of 2004 ** (20-6-2005)t.
Amended by Mah. 22 of 2005 *** (20-6-2005)t.
An Act to make provision for planning the development and
use of land in Regions established for that purpose and for
- -the constitution of Regional Planning Boards therefor ; to
make better provisions for the preparation of Development
'For Statement of Objects and Reasons, see Maharashtra Government Gazette,
Extraordinary 1966, F'arkv,pages 205-20'7.
* Maharashtra Ordinance No. I of 1971was repealed by Mah. 21 of 1971, s. 18.
t This indicates the date of commencement ofAct.
$ Maharashtra Ordinance No. X of 1974 was repealed by Mah. 47 of 1974, s. 4.
Q Maharashtra Ordinance No. XII of 1983 was repealed by blah. 31 of 1983, s. 8.
f Maharashtra Ordinance No. X I V of 1993 was repealed by Mah. 10 of 1994, s. 16.
@ Maharashtra Ordinance No. XVIII of 1995was repealed by Mah. 5 of 1996, s. 7.
@@ Maharashtra Ordinance No. I1 of 1997 was repealed by Mah. 21 of 1997, s. 3.
*Maharashtra Ordinance No. XIV of 1997 was repealed by Mah. 48 of 1997, s. 3.
&fMaharashtra Ordinance No.XXVP of1999 was repealedby Nlah.5of 2000, s. 15.
@@@ Maharashtra Ordinance No. MMII was repealed by Mah. 10 of 2000, s, 3.
$8 Maharashtra Ordinance No. I of 2000 was repealed by Mah. 7 of 2001, s. 3:
** This Act came into force vide G.N., U.D.D. No. TPB. 4302/2080/CR-215/02
UD- 11, dated the 20th June 2005
*** This Act came into force vide G.N.,U.D.D. No. TPB. 4302/2080/CR-215/02/
1-ID-11,dated the 30th June 2005.
, ' ;p:1-,-
4 Maharashtra Regional and TOW; [ 1966 :Mah. XIMVII
Planning Act, 1966
plans with a view to ensuring t h a t town planning schemes
are made in a proper manner and their execution is made
effective ; to provide for the creation of new towns by means
of Development Authorities ; t o make provisions for t h e
compulsory acquisition of land required for public purposes
in respect of the plans ;.and for purposes connected with the
matters aforesaid.
WHEREAS, it is expedient to make provision for planning
the development and use of land in Regions established f o r
a

that purpose and for the c o n s t i t u t i o ~of Regional Planning

Boards thereof; to make better provision for the preparation
of Development plans with a view t o ensuring t h a t town
planning schemes are made i n a proper manner and their
executions is made effective ; to provide for the creation of new
townsby means of ~ e v e l o ~ & e n t ~ u t h o r ;i to
t i emake
~ provision
for the compulsory acquisition o f land required for public
purposes in respect'of the plans ; and for purposes connected
.
with the m a t t e r s aforesaid..I t is hereby enacted i n t h e .

Secenteenth Year of the Republic of India as follows :-

e CHAPTER I

Short title, 1. (1) This Act may be called the Maharashtra Regional arsd
extentand Town Planning Act, 1966.
cornmence-
ment.
(2) It shall extend t o the whole of the State of ~ a h a r a s h t r a .
(3) It shall come into force on such date1 a s t h e S t a t e
Government may, by notification in the Official Gazette, appoint
but the State Government may if it thinks f i t bring different
provisions of this Act into force a t different times.
De$nitions. 2. In this Act, unless the context otherwise requires,-
(1) " agriculture " includes horticulture, poultry farming,
the raising of crops, fruits, vegetables, flowers, grass or trees
of any kind, breeding of livestock including cattle, horses, --
donkeys, mules, pigs, breeding of fish and keeping of bees,
the use of land for grazing cattle and for any purpose which
is ancillary t o its cultivation or other agricultural purpose ;
.but does not include the use of land as a garden which is an
appendage to a building; a n d " agricultural" shall be
construed accordingly ;
2[(2)" amenity " means roads, streets, open spaces, parks.
recreational grounds, play grounds, sports complex, *parade
grounds, gardens, markets, parking lots, primary a n d
secondary schools and colleges and polytechnics, clinics,
dispensaries and hospitals, water supply, electricity supply, ,
street lighting, sewerage, drainage, public works and includes '
other utilities, services and conveniences];
I 1J.th day of January 1967-(bideG.N., U.D.. P.H. and H.D. No. TPA. 1166/72353-

Uni-11, dated 11th January 1967).

Clause (2) was substituted for the original and shall be deerned ta have been
substituted on the 25th March 1991, by Mah I0 of 1994, s. 2(a).
-
1966 :Mah. -1 ] Maharashtra Regional and Town
Planning Act, 1966
(3) " Appropriate Authority " means any public authority
on whose behalf land is designated for a public purpose in
any plan or scheme and which it is authorised to acquire ;
(4) " ~ r b i t r a t o "r means a perso* appointed a s t h e
Arbitrator for the purpose of any scheme or schemes under
section 72 ;
(5) "building operations " includes erection or re-erection
of a building or any part thereof, roofing or re-roofing of any
part of a building or of any open space, any material alteration
or enlargement of a building, any such alteration of a building
as is likely to affect an alteration of its drainage or. sanitary
arrangement or materially affect i t s security or the
construction of a door opening on any streets or land not
belonging to the owner ;
(6) "Court" means in Greater Bombay, the Bombay City
Civil Court; and elsewhere, the principal civil court of
original jurisdiction ; and includes any other civil court of a
Judge of Senior Division or a Judicial Officer empowered by
the State Government to perform the functions of the court
under this Act within the pecuniary and local limits of its
jurisdiction ;
(7) " development " with its grammatical variations means
the carrying out of buildings, engineering, mining or other
operations- in or over or under, land or the making of any
material change, in any building or land or in the use of any
building or land '(or any material or structural change in
any heritage ; building or i t s precinct] 2[and includes
3[demolition of any existing building, structure or erection
or p a r t of such building, s t r u c t u r e of e r e c t i o n ; and]
4[reclamation,] redevelopment and lay-out and sub-division
of any land ; a n d " t o 'develop" shall be construed
accordingly] ;
(8) " Development
..... . ~u.thor'ity~?"means,,a.
, . NewTnwn Develop-
ment Au$h&@ ~ ~ : ~ c o ~ & t ~declared
. > . t u ~ d ~'mder;s&&on:
.,
-..o..r
.. : . ..
. ..
.1;1.3],:%
:
. . .. . . .
,.

(9) " Development plan " means a plan for the.development

or re-development of the area within the jurisdiction of a
Planning Authority 6[7(andincludes revision of a development
'plan and] proposals of a Special Planning Authority for
development of land within its jurisdictions] ;
'These words were inserted by Mah. 39 of 1994, s. 2(a).'
* These words were substitutedfor the words " and includes lay-out and sub-division
ofany land "byMah. 21 of 1971, s.2(1). . ,

These words were inserted by Mah. 10 of 1994, s. 2(b 1.

These words were inserted by Mah. 31 of 1983, s. 2.
These words were substituted for the word " constituted "byMah. 21 of 1971,s. 2(2).
These words were inserted by Mah. 30 of 1972, s. 2(1).
' These words were substitutedfor the words " and includes "byMah. 6 of 1976,s. 2.
 Ma harashtra Regional and Town [ 1966 :Mah. MMVTI

' [ ( 9 ~")development r i g h t " means right to carry out

development or to develop the land or building or both and
shall include the transferable development right in the form
of right to utilise the Floor Space Index of land utilisable
either on the remainder of the land partially resewed for a
public purpose or elsewhere, as t h e final Development
Control Regulations in this behalf provide ;]
(10) " Director of Town Planning " means t h e officer
appointed by the State Government a s the Director of Town
Planning ;
(11) " engineering operations " includes the formation or
laying out of a street or means of access toa road or laying
out of means of water-supply, drainage, electricity, gas or
other public service ;
(12) " existing-land-use map " means a map indicating the
use to which lands in any specified area are put a t the time
of preparing the map ;
(13) "final plot" means a plot allotted in a final town
planning scheme ;
' [ ( 1 3 ~ )" Floor Space Index" means the quotient or the
ratio of the combined gross floor area to the total area of the
plot, viz :- '
Total covered area of all floors
Floor Space Index ...........................................
Plot area ;
(13B) " Heritage building" means a building possessing
architectural, aesthetic, historic or cultural values which is
declared as heritage building by the Planning Authority in
whose jurisdiction such building is situated ;
(13C) " Heritage precinct" means a n a r e a comprising
heritage building or buildings a n d precincts thereof or
related places ;I
(14) " land " includes benefits to arise out of land, and
things attached to the earth or permanently fastened to
"anything attached to the earth ;
(15) local authority n'means- Born.
(a)t h e Bombay Municipal Corporation constituted IIIof
under the Bombay Municipal Corporation Act or the 1888.
C-p-
Nagpur Municipal Corporation constituted under the City 4
of Nagpur Municipal Corporation Act, 1948, or a n y Berar
Municipal corporation conqtitute,a under the &&bay "of
Provincial Municipal Corporatioris Act, 1949, 1950.
Born.
LM of
1949.
Clause (9A)was inserted and shall be deemed to have been inserted on the 25th
March 1991 by Mah. 10.of 1994,S. 2(c).
Clause (l3Aj;(13B)and (13C)were inserted by Mah. 39 of 1994, s. i(b).
. . . . . . . .
1966 :Mah. XXXWI 1 Maharashtra Regw~talarzclTown
Plantzirzg Act, 1966
ah. ' [ ( b )a Council and a Nagar Panchayat constitu tediunder
,XL of the Maharashtra Municipal Councils, Nagor Panchayats
1%.
and Industrial Townships Act, 1965,]
ah ( c )( i ) a Zilla Parishad constituted under the Maharashtra
v of Zilla Parishads and Panchayat ~ a k i t i Act,s 1961,
1962.
MA. 2 [ ( i i )the Authority coi~stitutedunder the Maharashtra,
XV- Housing and Area Developnlent Act, 19761,
111 of
1977.
C. P. ( i i i ) the Nagpur Improven~ei~t
Trust constituted under
and the Nagpur Improvement Trust Act, 1936,]
Berar
XXX-
VI of'
1936.
which is permitted by the State Governn~entfor any area
under its jurisdiction to exercise the powers of a Planning
Aut:hority under this Act ;
(16) " local newspaper " in relation to any area within the
jurisdiction of a Regional Planning Board, Planning Authority
or of a Development Authority, means any newspaper
published or circulated within that area ;
( 17 ) " occupier " includes a t e n a n t s , a n d owqer i n
occupation of, or otherwise using his land, a rent-free tenant
in any land and any person in lawful possession of any land
who is liable to pay to the owner compensation for the use
and. occupation of the land ;
i.18) "owner" includes a n y person for the time being
reccGving or entitled to receive, whether on his own account
or ;as agent, trustee, guardian, manager or receiver for
anc~therperson or for any religious or charitable purposes
the rent, or profits of the property in connection with which
it i,s used ;
l(19) " Planning Authority " means a local authority ; and
includes,-
( a ) a Special Planning Authority constituted or appointed
01: deemed..to have bee11 appointed under section 40 ;

( b ) in respect of the slum rehabilitation area declared

u:nder section 3C of t h e M a h a r a s h t r a S l u m Areas
Blah. (Emprovement, Clearance and Redevelopment) Act, 1971,
~XMU th e Slum Rehabilitation Authority appointed under section
of
1971.
311 of the said Act ;]
(213)" prescribed " means prescribed by rules made under
this .Act ;
Sub4 :lause ( b )was substituted by Mall. 10 of 2000,s. 2.
"ub-]xiragrap11 (ii) was substituted by M A . 2s of 1977, s. 191(n).
W1:iu e; (19)was substitutecl for the original by Mah. 5 of 1996. s. 4.
 Maharashtra Regional and Town [ 1966 :Mah. XXXVII
PlarrningAct, 1966
(21) " plot " means a portion of land held in one ownership
and numbered and shown as one plot in a town planning
scheme ;
(22) ".reconstituted plot" means a plot which is altered in
ownership or in any other way by making of a town planning

" means any area established to be a Region

(24) " Regional Board " or " Board " means a Regional
Planning Board constituted under section 4 ;
(25) " Regional plan" means a Plan for the development
or re-development of a Region which is approved by the State
Government and has come into operation under this Act;
(26) " Regional Planning Committee " means a committee
appointed under section 10 ;
(27) " Regulation " means a regulation made under section
159 of this Act and includes '[zoning, special development
control regulations] and other regulations made as a part of
a Regional Plan, Development plan, or town planning scheme ;
(28) " Residence " includes the use for human habitation
of any land or building, or part thereof including gardens,
grounds, garages, stables and outhouses, if any, appertaining
to such land or building;
(29) " Rule " means a rule made under this Act ;
(30) " scheme " includes a plan relating to a town planning
scheme ;
2 [ ( 3 0 ~")Special Township Project" means a Special
Township Project declared under section 18 o r 44, as the case ~

may be ;I
(31) " Town Planning Officer " means the officer appointed
for the time being to be the Town Planning Officer for all or
any of the provisions of this Act ;
3 [ ( 3 1 ~" )Undeveloped area " means an area within the
jurisdiction of one or more local authorities (not being an
area within the jurisdiction of a cantonment board constituted
under the Cantonment Act, 1924) which is in the opinion of 20f
the State Government in a neglected condition, or which is lg24-
'These words were substituted for the word " zoning " by Mah. 23 of 2005, s. 2 (a).
"Clause (30 -4)was inserted, ibicl, s. 2 ( 6 ) .
Wlause (31 A ) was inserted by Mah. 30 of 1972, s. 2(2).
- 1966:Mah.XXXVIIl Maharashtra Regional and Tmun
Pbanning Act, 1966
being developed or is i n , imminent likehood of being
developed i n a n uncontrolled or haphazard manner; and
requires, in the public interest, to be developed in a proper
and orderly manner ;I
(32) " Zilla Parishad " means a Zilla Par-ishad constituted
Mah under the Maharashtra Zilla Parishads and Panchayat
of Samitis Act, 1961.
1962.
CHAPTTER I1
PKOVTSIONSRELATING mREGIONAL FYms
(a)Regions
m ( I ) Subject to the provisions of this section, the State Establish-
M r n m e n t may, by liotification in t h e Official Gazette, mentof
establish ; any area in the State, by defining its limits, to be a Region and
alteration of
~ e g i o nfor the purposes of this Act, and may name and alter it.ilimits.
the name of any such Region. In any case, where any Region is
renamed, then all references in any law or instrument or other
document to the Region shall be deemed to be a reference to
the Region as renamed, unless expressly otherwise provided
or the context so requires.
I
(2) The State Government may, by notification in the Official
Gazette,-
(a) alter the limits of a Region, so as to include therein or
to exclude therefrom, such area as may be specified in the
notification ; or
( b ) amalgamate two or more Regions so as to form one
Region ; or
(c) split up any Region into two or more Regions ; or
(d) declare that the whole or part of the area comprising a
Region shall cease to be a Region or part thereof. ,
( 3 ) A p l a n showing t h e boundaries of t h e Region a s
established under this section shall be available for inspection
a t the office of the Collector and the Mamlatdar or Tahsildar .
concerned, and on t h e constitution .of the Regional Board
therefor, also at the office of -the Board.
(b) Constitution of Regional Planning Boards
4. ( 1 ) For the purpose of planning the developnlent and use Constitution
of l a n d i n t h e Region, t h e S t a t e Government s h a l l , by ofRegiona1
notification in the Official Gazette, constitute Region, the State l'lanni"g
Boards.
Government shall, by notification in t h e Official Gazette,
constitute a Regional Planning Board for the Region consisting
of a Chairman appointed by the State Government ; the Director
of Town Planning (or a person nominated by him) ; such number
of persons not exceeding four appointed by t h e S t a t e
Government as are members of local authorities fbnctioning in
the whole or part of the Region ; such number of persons l[not
exceeding ten] appointed by the State Government who in the
'These words were substituted for the words " not exceeding six " by Mah. 24 of
1968,s. 2(u).
 Mulzarnshtra Regional and To~urz [ 1966 :Mah. X2EWI
Plarznirzg Act, 1966
opinion of that Government have special knowledge or practical
experience of matters *relatingto town and country planning
engineering, transport, industry, commerce or agriculture. l[ ; a
town Planning Officer appointed by the State Government from
the two Houses of the State legislature, representing the whole
or part of the Region so that not more than two members are
appointed from each of the said Houses.
If any Region includes any area which in the opinion of the
State Government is important from the military or defence
point of view, t h e members appointed for t h e i r special
knowledge or practical experience shall include a person
suggested by the Government of India in that behalf.]
The State Government may appoint a Vice-Chairman froin
among the other members.
The Town Planning Office shall be t h e Secretary to the
Regional Board.
2[(1A)Notwithstanding anything contained in sub-section (I),
the provisions of that sub-section shall not be applicable to the
Metropolitan area as defined in clause ( c ) of section 2 of the
Maharashtra Metropolitan Planning Committees (Constitution
and Functions) Act, 1999.1
(2) The Regional Board shall have its office a t such place as
the State Government may appoint, and shall be known by the
name specified in the notification constituting it.
Ternlsof 5. ( 1 ) 3[Subject to the provisioi~sof sub-section (3), the term
office a n d of office] and conditions of service of the members of a Regional
~~nditiom Board shall be such a s may be prescribed; and the member's
ofserviceof shall be entitled to receive such remuneration or allowances,
members.
or both, a s the State Government may by order determine.
(2) If the State Government is of opinion that any member is
guilty of misconduct i n t h e discharge of h i s duties, or is
incompetent or has become incapable of performing his duties
a s such member, or should for any other good and sufficient
reason be removed, the State Government may, after giving
the member a n opportunity of showing causeeagainst his
removal, remove him from office.
4LC3)A member of the State Legislature while holding the
oMice of a member of the Board shall not be entitled to rechivk
any remuneration or allowance other than travelling allowance,
daily allowance or such other allowance which is paid to the
holder of such office for the purpose only of meeting t h e
personal expenditure incurred in attending the meeting of the
- Board or in performing any other functions a s holder of such
office.]
'This portion was substituted for the words " and a Town Planning Officer appointed
by the State Government ", ibid .,s. 26).
"ub-section ( I A )was inserted by Mah. 5 of 2000, Sch.
3 T h e ~words,
e brackets and figure were substituted for t h e words " The term of
ofice "by Mah. 14 of 1971, s. 2(u).
'' Sub-section ( 3 )was added, ibid.,s. 2(b).
 1966 :Mah. =I I Mahar.as1ztr.a Regional and Toron
Plan~zingAct, 1966
6. Any member of a Regional Board may a t any time resign h i g n a t i o n
his office by writing under his hand addressed to the State ofmembers-
Government, and upon the acceptance thereof the office of the
member shall become vacant.
7. In the event of a vacancy in the office of any member of Vacancies.
a Regional Board the vacancy shall be filled by the State
Government, and the person so appointed shall hold office so
long as the member in whose place he is appointed would have
held office, if the vacancy had not occured.
8. Subject to the provisions of this Act and the rules and Powersand
regulations made thereunder, it shall be the duty of a Regional dutiesOf
Board.
Board,-
( a ) to carry out a survey of the Region, and prepare reports
on the surveys so .carried out ;
( b ) to prepare an existing-land-use map and such other
maps as may be necessary, for the purpose of preparing a
Regional Plan ;
( c ) to prepare a Regional Plan ;
( d l to perform any other duties or functions as a r e
supplemental, incidental or consequential to any of the
foregoing duties, or as may be prescribed by regulations.
9. ( 1 ) The Regional Board shall meet a t such times and Meetingof
places as the Chairman may determine and may, subject t o the R e ~ o n a l
Board, etc.
provisions of sub-sections (2) and (3), make regulations for
.regulating its procedure and the conduct of its business :
Provided that, after the submission of draft Regional plan to
the State Government, the Board shall meet only if so directed
by the State Government.
(2) The Chairman and in his absence the Vice-Chairman
(if any) and in the absence of the Chairman and the Vice-
Chairman, any other member chosen by the members present
from amongst themselves, shall preside at a meeting of the
Board.
( 3 ) All questions a t a meeting of the Board shall be decided
by a majority of votes of the members present and voting ; and
in the case of an equality of votes the person presiding shall
have a second or casting vote.
(4) Minutes shall be kept of the names of the members
- present, and others who attend the meetings of the Board under
t h e provisions of this Act, and of the proceedings a t each
meeting, in a minute book to be kept for this purpose. The
-
minutes shall be signed a t the next ensuing meeting by the
person presiding a t such meeting, and shall be open to
inspection by any member during the office hours.
H 3007-3
 Maharashtra Regional and Totun [ 1966 :Mah. XXXVII
Planning Act, 1966
~nsultation 10. (1) A Regional Board may, with the previous sanction
or of the State Government, associate with itself or consult such - !

~tssociation persons whose assistance or advise i t may desire for the

with
experts ; purpose of performing any of its functions under this Act. Such
Regional persons may be paid, by the Regional Board such remuneraticn
Planning or fees as may be sanctioned by the State Government.
bmmittee.
(2) The person so assisting or advising the Regional Board
may take part in the discussions of the Regional Board relevant
to the purpose for which he is associated or consulted, but shall
not have the right t o vote a t a meeting, or take part in the
discussions of the Regional Board relating to matters connected
with any other Purpose.
, (3) For the purpose of hearing any suggestions and objections
received after the publication of a draft Regional Plan under
section 16, a Regional Board shall appoint a Regional Planning
Committee consisting of the Town Planning Officer and two
other members of the Regional Board.
(4) The members of a Regional Planning Committee shall be
entitled to such allowances for performing its functions under
this Act as may be prescribed.
Power oP 11. (1) For the efficient performance of its functions under
Regional this Act, a Regional Board, or an officer authorised by it, may
Board to
appoint
appoint such oficer. and other staff as may be necessary. The
staff. officers and staff so appointed shall be entitled t o receive such
salaries or allowances, and shall be governed by such terms
andconditions of service, as may be determined by the State
~overnment.
(2) The officers and staff appointed by the Regional Board
shall work under the superintendence and control of the
Chairman.
3xpense of 12. All expenses incurred by a Regional Board, including
Regional expenses incurred on account of salaries, allowances, fees and
Board. other remuneration payable to its members and to its officer
and other staff (not being salaried Government officers or staff)
shall be met from such funds as may be placed a t the disposal
of the Board by the State Government.
(c) Regional plans
Survey of 13. Subject to the provisions of this Act and the rules and
tegion and regulations made thereunder, a Regional Board shall, with a
lreparation view t o securing planned development and use of land in a
1fRegiona1
plan. Region, carry out a survey thereof, prepare an existing-land-
use map thereof and other maps a s are necessary for the
purpose of preparing the Regional plan, and shall within such
period or periods as the State Government may from time to
time determine in this behalf, prepare a report of the surveys,
prepare the Regional plan and such other documents, maps
and information a s the Regional Board may deem fit for
illustrating or explanning the provisions of the Regional plan.
1966 :Mah. XXXVII I Maharashtra Regional and Town
Planning Act, 1966
14. Subject to the provisions of this Act and any rules made Contentsof
thereunder for regulating the form of a Regional plan and the Regional
manner in which i t may be published, any such Regional plan plan.
shall indicate the manner in which the Regional Board propose
that land in the Region should ; be used, whether by carrying
out thereon development or otherwise, the stages by which any
such development i s to be carried o u t , t h e net-work of
communications and transport, the proposals for conservation
and development of natural resources, and such other matters
a s are likely to have a n important influence on the development
of the Region ; and any such plan in particular, may provide for
all or any of the following matters, or for such matters thereof
as the State .Government may direct, that is to say-
(a)allocation of l a n d for different u s e s , g e n e r a l
distribution and general locations of land, and the extent to
which t h e l a n d may be used a s residential, industrial,
agricultural, or as forest, or for mineral exploitation ;
( b ) reservation of a r e a s for open spaces, g a r d e n s ,
recreation, zoological garden, n a t u r e reserves, animal
'
sanctuaries, dairies and health resorts ;
( c ) t r a n s p o r t a n d communications, s u c h a s roads,
highways, railways, waterways, c a n a l s a n d a i r p o r t s ,
inculding their development ;
( d ) water supply, drainage, sewerage, sewage disposal and
other public utilities, amenitites and services inculding
electricity and gas ;
( e ) reservation of sites for new towns, industrial estates
and any other largescale development or project which is
required to be undertaken for proper development of the
Region or new town ;
( f ) preservation, conservation and development of areas
of natural scenery, forest, wild life, natural resources, and
landscaping ;
(g) preservation of objects, features, structures or places
of historical, natural, architectural or scientific interest and
educational value ;
( h ) areas required for military and defence purposes;
(i) prevention of erosion, provision for afforestation or,
reforestation, improvement and redevelopment of water
front areas, rivers a n d lakes ;
G ) proposals for irrigation, water supply a n d hydro-
electric works, flood control and prevention of river pollution ;
(k) providing for the relocation of population or industry
from over populated and industrially congested areas, and
indicating the density or population or the concentration of
industry t o be allowed in any areas.
 Maharashtra Regional a ~ z dToton [ 1966 :Mah. X D N t I .
Planning Act, 1966
Subxnission 15. ( 1 ) Every Qgional plan shall be submitted to the State
0fRegion;d Government, together with all connected documents, maps and
plrnLO plans for approval. The State Government may, within the
state prescribed period, by notification in the Official Gazette, either
Governlent
for approve the Regional plan without modification for the whole
Region, or any part thereof; or with such modifications a s it
]nay consider necessary, or reject the plan with a direction to
the Regional Board to prepare a fresh plan according to such
direct.ion.
(2) The State Government may, pending approval of the
entire Regional plan, by a like notification approve separately
any proposals or part of the Regional plan ; and any proposals
o r part so approved shall, on approval of the entire Regional
plan, form part of the entire plan s o approved.
Procetlure 16. ( 1 ) Before preparing any Regional plan and submitting
tobe it to the State Government for approval, every Regional Board
followedin Shall, after carrying out the necessary surveys and preparing
prepar;lg an existing-land-use map of'the Region, or such other maps as
md
3 pprov-ing
are considered necessary, prepare a draft Regional plan '[and
IleGqo,lal publish a notice in the Oificial Gazette, and in such other manner
b.l, a s may be prescribed, stating that the draft Regional plan has
been prepared. The notice shall state the name of the place
where a copy of such plan shall be available for inspection by
the public a t all reasonable hours mentioned therein and that
copies thereof or anjTextract therefrom certified to be correct
shall be available for sale to the public a t a resonable price and
invite] objections and suggestions from any person with respect
to the draft plan before such date as may be specified in the
notice, such date not being earlier than four months from the
publication of'the notice. 2[Thenotice shall also state that copies
of the following particulars in relation to the draft Regional
plan are also available for inspection by the public and copies
thereof extracts therefrom certified to be correct a r e also
available for sale to the public a t a reasonable price a t the place
so named, namely :-I
( a ) a report on the existing-land-use nlap and the regional
survey carried out as aforesaid ;
( b ) maps, cha.rts and a report illustrating and explanning
the provisions of the draft Regional plan and indicating the
priorities of work to be executed thereunder;
( c ) a report of the stages of the development progranlme
I
by which it is proposed to execute the Regional plan ; and
( d ) recommendations to the State Government regarding
the directions to be issued to the local authorities in the
Region a n d t h e different d e p a r t m e n t s of t h e S t a t e
Government, if a n y , i n respect of enforcement a n d
implementation of the proposals contained in the draft
Regional plan.
'This portion was substituted for the portion beginning lyith " m d publish it " a n d
endingwith" by rules made in this behalf inviting "by Mah. 6 of 1976,s. 3(1 )(a).
Thes,? words were substituted for the words " The publication of a draR Regional
plan may in particular i n c l u d e "ihid., s. 3 ( I ) ( b )
 'P ' s '9~61
JO g .qemdq papasu! a ~ s pa~ o ~
w
asaq;L,
ayeru 6eur 'puel due uo qaaCc1d d!ysuwo& leraads B aqnaaxa oq
Su!puaqu! uoslad due ' q a ~ sryq jo suo!sr~old mqqo due ao (2) pue
(1) suolqaas-qns jo suorsr~old . . ayq oq aalpnfald qnoyq!M (&)Is
- u q d ~ e u o e a xp u g jo qjelp ayq jo SUO!S!AOJ~
ayl y q ! ~Aq~ux~ojuoa UT ueyq aspxxayqo paquea aq qou [ p y s (1)
uo1q3as-qns u! 09 pallajal uo!ss!ru~ad ayq ur Suraq aury
aqq JOJ M e l due U! pau!equo3 Su!yqdue ~ u ! ~ u e ~ s y i ! (2) ~q6~
.-
.lo?aallo3 ay7 30
' a ~ a y ~ a s 2pue
. a 'aqenqrs s r puel ayq eale asoya uryqy '~raunoa
led!a!un~ l o uo!qe~od;oj led!a!un~ ayq jo uo!ss!&ad sno!~ald
J0a3aqq a v qnoqq!M puel due jo qaadsal u! quawrdola~apAue qno hrma
quauxdola~ap
30 PUB1
lo alnqlnaws ueyq Irayqo asodlnd Aue l o j puel due jo asn ayq
J a j a s n J o aSueya 10aqnq!qsu! ' [ p a ~ o l d d euaaq sey ueld l e u o p a x q~e-rp
azueq3uo ay7 l o p a ~ e d a l duaaq sey ueld leuo@ax q j e ~ payq qeyq aa!qou
uo!??3s% ayq JO uo!qeagqnd ayq l a q ~ el]o~ uo lleys uoslad ON (1) - 8 ~
cG- ueld leuo@a'H leuld ,, ay? Pallea aq l l T s
uo!qe-~adooqu! am03 sey yarya ueld ayq pue uorqelado oqu! am03
lleys ueld leuopax-ay; ya!y~ uo (aa~qoup!es ayq jo uo!qeaqqnd
jo aqep ayq wroq sdep d q x ~ sueyq l a q l e a S u ~ a qqou) aqep
e u!alayq djlaads lleys pue CCaa!ld alqvuoseal e qe aqqnd ayq
oq ales JOJ apqel!eAe aq lleys qaallo:, aq oq payqlaa wroya-rayq
qaelqxa d u e 10joalayq saydoa qeyq osle Su!qeqs puv], slnoy
alqeuoseal lie qe paqaadsur aq Lewr ueld ~ e u o p a xayq jo Ado:,
e alaym aaeld e Bu!meu ' p a ~ o ~ d duaaq
e seq ueld leuo@ax
-uorqelado
ayq qeyq Su~qeqsaa~qoue 'ueld leuo@ax ayq dq paqaap suoslad
s2!;oa2sp lie 01 ~e1na1q.ledur pue : paulaauoa suoslad 11e jo a3rqou aqq 07
PUt3m1d 3u1-1q0 3 pa7~1n31e3 sz sc s a p 6q paq!~asa-rdaq d ~ u se r lauucru
~ O $ W J O yans u! 'qsqqnd ileqs quamuJaAo3 aqeqs aqq ' q u a u x u ~ e ~ oaqeqs 3
uo!Wnqn6 ayq dq p a ~ o ~ d s! dueld
~ [euopax e laqje d[aq~!pawrwr~ -LT
-sqmya pus sdeux 'sueld 'squawrnaop paqaauuoa
11" pue aaqq!uxm03 Suruueld leuo@ax ayq jo q l o d a ~ayq ~ F M
layqa8oq ' l e ~ o l d d e103 j u a u x u r a ~ oaqeqs
~ ayq oq q! q!wrqns pue
'd~essaaauslaprsuoa se 'due j~'suo~qea~~poux yans Su!u!equoa
ueld leuo!Sax ayq aleda-rd lleys p-reoa leuoySax ayq ‘sue!?
- ~ q u a s a l d a pue
l suorqaarqo 'suo!qsaSSns aqq pue 'aaqq!uxuxo~
Bu!uueld ~ e u o @ a x aqq jo 9loda-r aqq 8upap!suoa laqjv ( g )
Vpleog leuo@a.)~ ayq dq
jleqaq qeyq U! paxg aq auxg oq awr!q uxog dew se am!? yans u!yq!~
s u q d pue sq~eya'sdew 'squauxnaop paqaauuoa y q ! ~layqa8oq
pleog 1euogax aqq oq 9loda-r sq! q!uxqns ' p ~ e a ySulaq jo ueld
[euogax ayq dq paqaap s u o s ~ a d oq dq!un.~zoddo alqeuoseal
-2loda-x
.
pue .crorqelap!suoa l o j 01.uorqaas l a p u n paqurodde aaqq!uxmo3
Su!uueid jeuogax aqq oq q! dq pa~!aaak' suo~qequa~$-rdal pue
suorqsaSSns 'suorqaacqo ayq lajal ~ i e y p-reoa
s leuo@ax aq& ( 2 )
 Maharashtra Regional and Town [ 1966 :Mah. XMNII
Planning Act, 1966
an.application to the State Government, and on receipt of such
application the State Government may, after making such
inquiry as it may deem fit in that behalf, grant such permission
and declare such project to be a Special Township Project by
notification in the Official Gazette o r reject the application.]
Exclusion of 19. No compensation shall be awarded-
claims for
oom~tion
(a) if and in so far as any property o r any right or interest
forinjurious therein alleged to be injuriously affected by reason of the
affection. provisions contained in any plan or scheme, is subject to
substantially similar restrictions in force, under some other
law which was in force on the date on which, such injurious
affection took place o r the restrictions were imposed by this
Act ;
( b ) if compensation in respect of such injurious affection
or restriction imposed under this Act o r substantially similar
injurious affection o r restriction in force under any other
law has already been paid in respect of the property or
any right or interest therein to the claimant or to any
predecess o r in interest of the claimant.
3 [ ~ e v i d i o or
n 20. (I) If the State Government a t any time after a Regional
modification plan has come into operation, but not earlier than ter, years
OfRegiOnall therefrom is of the opinion that revision of such Regional plan
plan,
is necessary and there is no Regional Board for the Region to
which plan relates, t o undertake such revision, the State
Go,vernment may constitute a Regional Planning Board under
section 4, o r Regional Board may, with the previous approval
of the State Government, also revise the Regional plan; and
thereupon, the foregoing provisions of this 'chapter shall, s o
far as they can be made applicable, apply t o the revisions of the
- - Regional plan a s those provisions apply i n ,relation t o the
preparation, '[publication of notice] and approval of a Regional
plan.
2[(2)Notwithstanding anything contained in sub-section (I),
the State Government may, a t any time after a Regional Plan
has come into operation, make any modification in such plan in
the manner hereinafter provided if in i t s opinion such
modification is necessary for the balanced development of the
Region for which such plan has been prepared and approved.
. (3) For the purpose of modifjing a Regional plan under sub-
section (2) the State Government shall publish a notice in the
Official Gazette, announcing i t s i n t e n t i o n to make the
modification specified in the notice and invite objections o r
suggestions from any person? with respect to such modification
'These words were substituted for t h e word " publication " by Mah. 6 of 1976,
s. 6 (a).
* Sub-section (2j, (3) a n d ( 4 ) were substituted for sub-sections (2) and (3).
ibid., s. 6(b).
"ese words were substituted for the word " Revision ", ibid., s. 6(c).
? 1966 :Mah. XOWII I Maharashtra hgionnl! arrd Toton
Planniizg Act, 1'966
a
in writing with reasons therefor within such period as may be
specified.in the notice. The notice shall also be published in a t
least one newspaper having wide circulation in the Region and
in such other manner as the State Government may think fit in
the circumstances of each case.
(4) After considering t h e objections and suggestions in
respect of the draft modification under sub-section (2), the State
Government may approve the modification of the Regional plan
with such amendments, if any, as it may think fit, and shall
publish a notification in the Official Gazette, stating that the
modification of the Regional plan specified therein has been
approved. The notice shall also state the place where a copy of
modification to the Regional plan may be inspected a t all
reasonablehours, and shall specify therein a date on which the
modification of the shall come into operation.]
CHAPTER I11

(a) Preparation, submission and sanction to Developmerzt

p Lan
21. ( 1 ) As soon as may be after the commencement of this Development
Act, but not later than three years after such commencement, plan.
a n d subject however to t h e provisions of this Act, every
Planning Authority shall carry out a survey, prepare an existing-
land-use map and prepare '* a draft Development plan
for the area within its jurisdiction, in accordance with the
provisions of a Regional plan, where there is such a plan
2[publish a notice in the Official Gazette, and in such other
m a n n e r a s may be prescribed s t a t i n g t h a t t h e d r a f t
Development plan has been prepared] and submit the plan to
the State Government for sanction. The Planning Authority
shall also submit a quarterly Report to the State Government
about the progress made in carrying out the survey and prepare
the plan.
( 2 ) Subject to the provisions of this Act, every Planning
Authority constituted after the commencement of this Act shall,
not later than three years from the date of its constitution,
prepare 3[a draft Development plan and publish a notice of such
preparation in the Official Gazette, and in such other manner
as may be prescribed] and 4[submitthe draft Development plan]
to the State Government for sanction.
(3) On application made by any Planning Authority, the State
Government may from time to time by order in writing extend,
for adequate reasons to be stated in writing the aforesaid period
by such period as it thinks fit.
* The words " and publish "were dereted, ibid., s. 7(a)(i).
These words were inserted, ibid., s.7(a)(ii).
These words were substituted for the words " and publish in the prescribed manner
a draft Development plan " by Mah. 6 of 1976, s. 7 (b)(i)
+
,These words were substituted for the words " sublnit it ", ibid., s. 7(bXii).
 Maharnslztra Regional arzcl T o ~ o n 1 1966 :Mah. XXXVlI
Plalzni~zgAct, 196G
(4) If the draft Development plan is not submitted to the
State Government as aforesaid for sanction by any Planning
Authority within the period specified or within the extended
- period, an officer appointed by the State Government in that
Behalf may, after carrying out the necessary survey of the area
and preparing an existing-land-use map in consulation with
the Director of Town Planning ' [prepare such Development plan
and publish a notice in .the .Official Gazette, and in such other
manner as inay be prescribed stating that such plan has been
prepared and subinit it to the State Government for sanction,]
and may recover the cost thereof from the funds of the Planning
Authority, notwithstanding anything contained in any law
relating to the said fund. Such officer shall exercise all the
powers and perform all the functions of a Planning Authority
which may be necessary for the purpose of preparing 2[a
Development plan and publishing a notice a s .aforesaid and
submitting it t o the State Government for sanction].
(5) If any local authority which is a Planning Authority is I
converted into, or amalgamated with, any other local authority 1
or is sub-divided into two '01- more local authorities, the
Development plan prepared for the area by t h a t Planning
Authority so converted, amalgamated or sub-divided shall, with
such alterations and modifications, a s the State Government
may approve be the Development plan for the area of the new
Planning Authority or Authorities into or with which the former
Planning Authority is converted, amalgainated or sub-divided.
Contents of 22. A Development plan shall generally indicate the manner
Development in which the use of land in the area of a Planning Authority
plan. shall be regulated, and also indicate the manner in .which the
development of land therein shall be carried out. In particular,
it shall provide so far as may be necessary for all or any of the
following matters, that is to say,--
( a ) proposals for allocating the use of,land for purposes,
such as residential, industrial, commercial, agricultural,
recreational ;
( b ) proposals for designation of land for public purpose,
such as schools, colleges and other educational institutions,
medical and public health institutions, markets, social
welfare and cul-tural institutions, theatres and places for
public entertainment, or public assembly, museums, a r t
galleries, religious buildings and government and other
public buildings as may from time to time be approved by
the State Government ;
(c) proposals for designation of areas for open spaces,
playgrounds, stadia, zoological gardens, green belts, nature
reserves, sanctuaries and dairies ;
lrfiesewords were substituted for the words " prepare and publish in the prescribed
manner, such Developillent plan ", Mah., 7(cj(i).
'These words were substituted for the words " and publishing a Development
plan ", ibid., s. 7ic)(ii).
 . .
5 1966 :Mah. XXXVII 1 Illaharashtm Regco~zala~zclToroll
Planni~zgAct, 1966
( d ) transport and coinmunications, such as roads, high-
ways, park-ways, rail-ways, water-ways, canals and air ports,
including their extension and development ;
(el water supply, drainage, sewerage disposal, other public
utilities, amenities and services including electricity and gas ;
( f ) reservation of land for community facilities a n d
services ;
( g ) proposals for designation of sites for service industries,
industrial estates and any other development on an extensive
scale ;
( h ) preservation, conservation and development of areas
of natural scenary and landscape ;
( i ) preservatioil of f e a t u r e s , s t r u c t u r e s or places of
historical, natural, architechtural and scientific interest and
educational value l [ and of heritage buildings and heritage
precincts] ;
(j)proposals for flood control ancl preveiltion of river
pollution ;
( 1 2 ) proposals of' t h e C e n t r a l Govei-nlllent, a S t a t e
Government, P l a n n i n g Authority 01- public u t i l i t y
undertaking or any other authority established by law for
designation of land as subject to requisition for public purpose
or as specified in a Development plan, having regard to the
provisions of section 14 or for development or for securing
use of the land in the manner provided by or under this Act ;
(1) the filling u p or reclamation of low lying, swainpy or
unhealthy areas or levelling up of land ;
(nz) provisions for permission to be granted for controlling
and regulating the use and.development of land within the
jurisdiction of a local authority including imposition of
conditions and restrictions in regard to the open space to be
maintained about buildings, the-percentage of building area
for a plot, the location, number, size, height, number of storeys
and character of buildiilgs and density of population allowed .
in a sepecified area, the u s e and .purposest o which buildings
or specified areas of land may or may not be appropriated,
the sub-division of plots, the discontinuance of objectionable
users of land in any area in reasonable periods, parking space
and loading and unloading space for ,any building and the
sizes of projections and advertisenleilt signs and boardings '

and other matters a s may be considered necessary for

carrying out the objects of this A&.
2[22A. In section 29 or 31, the expression " of a substailtial Modificatiolls
n a t u r e " used in relation to the modifications made by the of a
substantid
Planning Authority or tlie officer appointed by the S t a t e nature.
IThese words were added by Mc&.39 of 1994, s. 3.
Section 22A was inserted by ibid.,s.4.
H 4007-4
 Maharashtra Regional artd Torun [ 1966 :Mah. MMVII :
Planrtirzg Act, 1966
Government under sub-section ( 4 ) of section 21 (hereinafter
referred t o a s . " the said Officer ") or the State 'Government,' as
the case may be, in the Draft Development Plan means,-
( a ) reduction of more than fifty per cent., or increase by
ten per cent. in area of reservations provided for in clauses
(b) to (i) of section 22, in each planning unit or sector of a
draft Development Plan, in sites admeasuring more than 0.4
hectare in t h e Municipal Corporation area and 'A' Class
Municipal area and 1.00 hectare in 'B' Class and 'C' Class
Municipal areas ;
( b ) all changes which result in the aggregate to a reduction
of any public amenity by more than ten per cent of the area
provided i n t h e planning u n i t or. sector in a d r a f t
Development Plan prepared and published under section 26
or published with modification under section 29 or 31, a s the
case may be ;
( c ) reductioil in a n a r e a of a n actually existing site
reserved for a public amenity except for nlarginal area upto
two hundred square meteres required for essential public
amenity or utility services ;
( d ) change in the proposal of allocating the use of certain
lands from one zone to any other zone provided by clause (a)
of section 22 which results in increasing the area in that other
zone by ten per cent. in the same planning unit or sector in a '

draft Development Plan prepared and published under

section 26 or published with modification under section 29
or 31, as the case may be ;
(c) any new reservation made in a draft Development Plan
which i s not earlier published under section 26, 29 or 31, as
the case .may be ;
( f ) alternation in the Floor Space Index beyond ten per
cent. of the Floor Space Index prescribed in the Development
Control Regulations prepared and published under sectioil
26 or published with modification under section 29 or 31, as
the case may be:].
(b) Procedu~-cto be followed in prepari?zg and
salzct io~zilzgDevelop~nle~zt
plans.
Declaration 23. ( 1 ) A Planning Authority shall, before carrying out a
of sui-vey and prepai-iilg an existing-land-use map of the area as
intentionto provided in section 21, by a resolutioil make a declaration of
prepare
Development
its intention to prepare a Development plan ; and shall despatch
plan. a copy of such resolution with a copy of a plan showing only the
bouildary of the entire area p~:oposed to be included in the
Deirelopment plan to the State Government. '[The said Officer]
shall also make a similar declaration and submit a copy thereof
to the State Government. The Planning Authority or the said
-- - -

These words were substituted for the portion begining with the words " The
OAicer " and endiAg wi$h the words and h-arkets " the said Officer ", by Mah. 39 of
1994, s. 5 .
- 1966 :Mah. XXXVII 1 Malzarashtra Regional alzd Totun
Planlzing Act, 1966
I
Officer, a s the case may be, shall also publish a notice of such
declaration in the Official Gazette, and Blso in one or' more local
newspaper in the prescribed manner, inviting suggestions or
objections from the public within a period of not less than sixty
days from the publication of the notice in the Official Gazette.
(2) A copy of the aforesaid plan shall be open to the inspection
of the public a t all reasonable hours a t the head office of the
Planning Authority and Local Authority.
24. Every Planning Authority shall, with the previous Town
sanciton of the State Government, appoiilt a person possessirlg Planning
such qualifications a s may be prescribed, to be t h e Town Officer.
Planning Officer for carrying out surveys of t h e a r e a of a
Planning Authority preparing a n existing-land-use map thereof
and formulating proposals of a Development plan of that area
for submission to the Planning Authority.
25. After the declaration of intention of a Planning Authority Provision
or the said Officer to prepare a Development plan but not later for survey
than six months from the date of such declaration or not later and
than such f ~ i r t h e tinle
r nlay fi.orll time preparation
as the State Go\~c.rnnlent
of existing-
to time extend, a Planning Authority or the said Oificer shall l'and-use
carry out a survey of the lands within the jurisdiction of the -P.
Planning Authority and prepare a n existing-land-use nlap
indicating the existing use of land therein.
26. ( 1 ) Subject. to the provisions of section 21, a Planning "hparation
Authority, or the said officer shall, not later t h a n two years and
from the date of notice published under section 23, l[prepare a publication
draft Development plan and publish a notice in the Official of notice] of
dr&
Gazette, and in such other manner a s may be determined by it Development
stating t h a t t h e Development plan h a s been prepared. The plan.
notice shall state the name of the place where a copy thereof'
shall be available for inspection by the public and that copies
thereof or extracts therefrom certified to be correct shall be
available for sale to the public a t a reasonable price, a n d
inviting] objections and suggestions within a period of sixty
days from the date of notice in the Official Gazette :
Provided that, the State Government may, on a n application
of t h e Planning Authority, by a n order in writing, and for
reasons to be recorded froin time to time extend the periocl for
p r e p a r a t i o n "[and publication of notice] of t h e d r a f t
Developnlent plan.
(2) 4[The notice shall also state that copies of the following
particulars in relation to the draft Devlopment Plan are also
available for inspection by t h e public a n d copies thereof, or
' This portior~was substituted for .the words begining with, " prepare and
publish ",and ending with the words " inviting " by Mah. 6 of 1976, s. 8 ( I XU).
T h e s e words were substituted for t.lx word " Publication " ibid., s.8 (3).
"ese words were substituted for the words " and publication " by M A . (3 of 1976,
s. 8 ( I )ib).
.Orhis portion was substituted fbr the words" -The following particular shall be
published along with the dratt Development Plan, namely-" ibid., s. 8 (2).
 Maharashtra Regional and Town [ 1966 :Mah. XXXVII
Planning Act, 1966
extracts therefrom certified to be correct, are also available
for sale to the public a t a reasonable price a t the place so named,
namely :-I
( i ) a report on the existing-land-use map and the suryeys
carried out for the purpose of preparation of the draft plan ;
( i i ) maps, charts and a report explaining the provisions of
the draft Development plan ;
l [ ( i i - a )nlap showing the planning u n i t s or sectors
unalterable till the Development Plan is revised ;]
(iii) regulations for enforcing the provisions of the draft
Development -plan and explaining the.manner in which the
permission for developing any land may be obtained from
the Planning Authority or the said officer, as the case may
. .
be ;
( i v ) a report ef the stages of development by which it is
proposed to meet any obligation imposed on the Planning
Authority by the draft Development plan ;
( v ) an approxinlate estimate of the cost involved in
acquisition of lands required by the Planning Authority for
the public purposes, and also cost of works, a s may be
necessary.
Provisionof 27. Where any area within the jurisdiction of a Planning
Regional Authority is included in a Region, the Planning Authority o r as
plantobe the case may be, the said Officer shall have regard to, and be
considered.
guided by, the proposals made in any draft Regional plan o r
any final Regional plan, as the case may be, while preparing
the draft Development plan :
Provided that, where the Planning Authority o r the said
Officer is of the opinion that any provision of a draft Regional
plan or the final Regional plan, as the case may be, needs any
modification, the Planning Authority or as the case may be, the
said Officer may carry out such nlodification-
(a) in the case of a draft Regional plan, with the concurrence
of the Regional 'Board ; and
(b) in the case of a final Regional plan, with the approval
of the State Government.
Objections 28. ( 1 ) Subject t o the provisions of this Act, if within the
e 0 d 1 - a time allowed under sub-section ( 1 ) of section 26 any person
I-)L+-elop~nent
plan.
conlmunicates in writing to the Planning Authority o r the said
Officer any suggestion or objection relating to the draft
Development plan, the Planning Authority o r the said Officer
may, after coilsidering the report of the Planning Committee
under sub-section (2) and the suggestions or objections received .
by it or him, modify or change the plan in such inanner as it or
he thinks fit.
Clause (ii-aj was inserted by Mah. 39 of 1994, s. 6.
- 1966 : Mah. ='IJTI 1 Afa harasittr (I Reg~onalnrzd I'orc/rl
Plar~rllrlgAct. 1966
(2)The Planiling Authority or the said Of'ficer shall forward
ail objections and suggestions received-by it to a Planning
, Comn~ittee'[consisting of three nlenlbers of the Standing
Committee of the I'larining Authority and such additional
number of persons, not exceeding four, appointed by the State
Government having special knowledge or practical experience
of m a t t e r s r e l a t i n g to town and country planning or
environment or relating to both] for consideration and report :
Provided that, where a Planning ~ u t h o r i t is i not a local
authority, the Planning Committee shall consist of such
members a s t h e P l a n n i n g Authority * * : may
determine :
"Provided further that, where any officer appointed under
, sub-section (4) of section 21 exercises the powers and performs
the duties of a Planning Authority, then the Planning Committee
may consist of the officer so appointed ;]
:'p[:Provided also that], where the State Government or any
person or persons appointed under section 162, exercise the
powers and perform the duties of a Planning Authority or
Deveiopinent Authority, then. the Planning Committee may
consist of the State Government or the person or persoils so
appointed :] . .

[:Provided also that, the Planning Committee contemplated

in the preceding provisos shall also consist of such additional
number of persons, not exceeding four, appointed by the State
Government .having special knowledge or practical experience
of m a t t e r s 'relating to town and country -planning or
environment or relating t o both].
( 3 ) The Planning Committee, * *- -:* '!: shall, on receipt
of objections a n d suggestions, make such enquiry a s
it 6:1: * * may coilsider necessary, and give a reasonable
opportunity of being heard to any person including
representatives of Government departments who may have
filed any objection or made any suggestions in respect of the
draft Developinent plan and after considering the saille the
Planning Comillittee sh.all subinit its report to .the Planning
Authority or as the case may be the said Officer not later than .
two months from the date of its appointment or such further
time a s may for adequate reasons be fixed by the Planning
Authority or the said Officer in this behalf.
The portion was substituted for the portion beginning with the words "consist,ing
of" , a dending with the words " Planning Authority " by Mah. 39 of 1994, s. 7(a).
The words " or as the case inay be. the said Offlcer " were deleted by Mah. 6 of
1976, s. 9(u)(i).
This proviso was added, ihid.,s. 9(u.)iii).
This proviso was added by hqah. 30 of 1972, s.3.
T h e s e words were substituted for the words " Provided further that " by Mah. 6 of
1976, s. S(a)(iii).
fi This proviso was added by Mah. 39 of 1994, s.'i(b).

'The words " or a s the case may be, the said Officer " were deleted by Mah. G of'
1976, s.g(b)ii).
, "The words " or he " were delet.ed ibicl.. s . R(h )(ii1.
 A4ui~araslzt/.aHegionul-nrzd Toton [ 1966 : Mah. X D W I I
- , P l n n r ~ i l ~Act,
g 1966
( 4 ) _Not latcl- thai; three ~nonths,after the receipt of the
report of the -Planning Committee, the P l a n n ~ i ~Authority
g or
t h e s a l d Officer s h a l l consider t h e report including t h e
objections and suggestions received by it or hi113 and inakt: such
modifications o r changcs in the draft Developinent plan, as it
or he may consider proper.
l[The draft Development Plan so modified shall be published
in the Official Gazette and in such other manner as may be
prescribed not less than one month prior to the submission of
the same to the State Government for sanction.]
Modification 29. Where the modifications made by a Planning Authority
madeafbr or the said Officer in the draft Development plan are "of a
'[prepb% substantial nature], the Planning Authority or a s the case may
and be, the said Officer shall publish a notice in the Official Gazette
pubLishingl and also i n t h e local newspapers inviting objections a n d
notice of
draft suggestions from any person with respect to the proposed
~ , , ~ ,modifications
1 ~ ~ ~ ~not ~ later
~ ~ than sixty days from the date of such
plan. notice; and thereupon, the provisions of section 28 shall apply
in relation to such suggestions and objections as they apply to
suggestioils and objections dealt with under that section.
Sul>mission 30. ( 1 ) The Planning Authority or as the case inay be, the
ofdraft said Officer shall submit the draft Development Plan to the
"Yelopment State Government for sanction within a period of twelve months
plm. 4[from the date of publication ofthe notice in the Official Gazette
regarding its preparation] under section 26 : -
Provided that, the State Government may, on a n application
by a Planning Authority or the said Officer b y ' a n order in
writing, and for adequate reasons which should be recorded,
extend from time to time the said period by such further period
as inay be specified in the order but not in any case exceeding
twenty-four inonths in the aggregate.
(2) The 5[particulars referred to in] sub-section (2)of section
26 shall also be submitted to the State Government.
Sanctionto 31. ( 1 ) Subject t o the provisions of this section, and not later
than one year from the date of receipt of such plan froin the
Planning Authority, or as the case may be, from the said Officer,
plan. (; * 4:- :,: * the State Government may, after consulting the
Director of Town Planning by notification in the Official Gazette
sanction the draft Development Plan submitted to i t for the
whole area, or separatley for any part thereof, either without
modification, or subject to such modifications as it inay consider
' This portion was added by Mali.10 of 1994, s.3.
T h e s e words were substituted for the words " of an extensive or substantial nature "
by Mah. 39 of 1994, s. 8.
These words were substituted for the word" publishing ",by Mah. 6 of 1976, s. 10.
These words a r e substituted for the words, " from the date of its application ",
h i d . ?s. ll(a1.
's These words were substituted for the words, " particular published under " ibicl.,
S. n i b ) .
" The words " or not later than such fut-ther period not exceeding twelve months a s
it may decide "were deleted by klall. G of 1976. s. 12(a). -1
i@
1966 :Mah. XXXVII I Maharashtra Regiorzal and Town
Planni~zgAct, 1966
proper or return the draft Development plan to th.e Planning
t ~as the case may be, the said Officer for modifying
~ u t h o r i or
the plan a s it may direct or refuse to accord sanction and direct
the Planning Authority or the said Officer to prepare a fresh
Development plan :
'[Provided that, the State Government may, if it thinks fit,
whether the said period has expired or not, extend from time
to time, by a notification in the Official Gazette, the period for
sanctioning the draft Development plan or refusing to accord
sanction thereto, by such further period as may be specified in
the notification :]
Provided 2[further] that, where the modifications proposed
to be made by the State Government are of a substantial nature,
the State Government shall publish a notice in the Official
Gazette and also in local newspapers inviting objections and
suggestions from a n y person i n respect of t h e proposed
modification within a period of sixty days, from the date of such
notice.
C

(2) The State Government may appoint an officer of rank

not below that of a C1,ass I OfEcer and direct him to hear any
such person in respect of such objections and suggestions and
submit his report thereon to the State Government.
( 3 ) The State Government shall before according sanction
to the draft Development plan take into consideration such
objections and suggestions and the report of the officer.
(4) The State Government shall fix in the notification under
sub-section.(l) a date not'earlier than one month from its
publication on which the final Development plan shall come
into operation.
(5) If a Development plan contains any proposal for the
designation of any land for a purpose specified in clauses ( b )
and (c) of section 22, and if such land does not vest in the
Planning Authority, the State Government shall not include
that in the Development plan, unless it is satisfied that the
Planning Authority will be able to acquire such land by private
agreement or compulsory acquisition not later than ten years
from the date on which the Development plan comes into
.operation.
(6) A Development plan which has come into operation shall
be called the " final Development plan " and shall, subject to
the provisions of this Act, be binding on the Planning Authority.
This proviso was inserted by hlah. 6 of 1976,s. 12(b).
"is word was inserted, ibid., s. 12(c).
 Maharashtrc~Regional and Totun 1 1966 :Mah. XXXVII 55

Planr~ir~g
Act, 19G6
( c ) PI-ovisions for- PI-eparation of i n t e r i m Developnlent plans,
plarzs for areas of co'nzprehensiue ' developnze~zt,etc.
Interim 32. ( 1 ) Pending the preparation of a draft Development plan,
kelopment a Planning Authority may, where i t considers it expedient and
plan. shall, when so directed by the State Government, prepare l* * j
an interim Development plan for the entire area within the
jurisdiction of the Planning Authority, or for any part thereof Ig
21and publish a notice in the Official Gazette and in such other $
manner as may be prescribed regarding its preparation] ; and ,
thereupon, the provisions of sections 25, 26, 27, 28, 29, 30 and ;

31 shall, so far as may be, but subject to the provisions of this

section, apply in relation to such interim Development plan as i
they apply in relation to the preparation 3[and publication of J

notice] of a Development plan.

(2) The Planning Authority shall prepare 4[such plan and
publish the notice referred t o in sub-section ( I ) ] not later than
one year from the date of notice in the Official Gazette of its
declaration of intention to prepare a draft Development plan
or not later than such further period not exceeding twelve
months as may be extended by the State Government.
(3) The interim Development plan shall provide only for
matters mentioned in clauses ( a ) , ( b ) and ( c ) of section 22, and
if necessary, such other matters of that section as the Planning
Authority may decide to include or as may be directed by the
State Government.
(4) The interim Development plan shall consist of such maps
and such descriptive matter a s the Planning Authority may
consider necessary to explain and illustrate the proposals made
in such plan.
Plans for 33. ( 1 ) Any time after "the publication of notice regarding 4

areas of preparation] of draft Development plan under section 26, a

Comprehen- Planning Authority may prepare plan or plans showing
sive develop- proposals for the development of an area or areas which in the
ment. opinion of the Planning Authority should be developed o r re-
developed as a whole (hereinafter referred to as " the area or
areas of Comprehensive development ") ; and in particular, such
plans shall provide for-
( a ) detailed developpent of specific areas for urban
renewal, housing shopping centres, industrial areas, civic 3
centres, educational and cultural institutions ;
( b ) control of architectural features, elevation and fi-ontage [
of buildings and structures ;
( c ) dealing satisfactorily with areas of bad layout, obsolete
development and slum areas and re-location of population ;
( d ) open spaces, gardens, playgrounds and recreation
areas.
' The words " and publish "were deleted by M A . 6 of 1976, s. 13(nYi).

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

T h e s e words were substituted for the words " and publication ", ibid., s. 13(aXiii).
These words were substituted for the words" and publish such plan ",ibid., s.
13(b).
These words were substituted for the words " the publication ",ibid., s. 14.
 Maharashira Regional and Town
Planaing Act, 1966
( 2 ) When the plans for an area or areas of Comprehensive
, . development are prepared, whether or not separately, the
Planning ~ u t h o r i tshall
'~ follow the same procedure before
a submission of these plans to the State Government for sanction
as is provided by sections 25,26,-27,28,29,30 and 31 as respect
a draft Development plan and submit such plan or plans from
time t o time to the State Government for sanction, alongwith a
report-
( a ) explaining t h e proposals and t h e stages of the
development programme by which it is proposed t o execute
the plan or plans ;
( b ) giving an appropriate estimate of the cost involved in
executing the proposals of the plan o r plans.
(3) The State Government may, after consulting the Director
of Town Planning by notification in the Official G a z e t t e ,
sanction t h e plan or plans for the a r e a o r a r e a s of
Comprehensive development either without, or subject to such
modifications as it may consider necessary not later than three
months of the date of receipt of such plans from the Planning
Auth0rit.y or not later than such further peliod as nnlay be
, extended by the State Government.
34. (1) If at any time after a Planning Authority as declared F'reparatior?
its intentison to prepare a Devlopment plan or after a of
Development plan prepared by a Planning Authority has been
plan for
sanctioned, the jurisdiction of the Planning Authority is addi~onal
extended by inclusion of an additional area, the Planning .,,,
Authority shall make a fresh declaration of intention to prepare
a D e v e l ~ p ~ e plan
nt for t h e additional area ; and after
following the provisions of this Act, for the preparation of a
draft Development plan, '[prepare a draft Development plan
and publish a notice regarding its preparation], for such
additional area either separately or jointly with the draft or
final Development Plan prepared or to be prepared for the area
originally under its jurisdiction, and submit it to the State
Government for sanction after following the same procedure
as is followed for submission of a draft Development plan to
the State Government :
Provided that, where a draft Development plan for the
additional area requires modification of the final Development
plan or where the S t a t e Government directs any such
modification, the Planning Authority shall revise the final
Development plan after following the procedure laid down in
section 38 so far as may be relevant.
( 2 ) Where any area is withdrawn from the jurisdiction of a
Planning Authority, the proposals, if any, made for that area
- _ so withdrawn in a Development plan shall also be deemed to
be withdrawn therefroin.
'These words were substituted for the words " prepark and pul~lisha draR
Development plan " by Mah. 6 of 1976,s. 15.
H 4007-5
 hlaharashtr-a Regior~alcirzcl Torvrz [ 1966 :Mah. -1
Plan11irlg Act, 1966
Development 35. If any Planning Authority has prepared a Developmei~t
plans plan which has been sanctioned by the State Government before
sanct.i.oped
by State the commencement of this Act, then such ~ e v e l o ~ m e plan
nt
Government shall be deemed to be final Development plan sanctioned under
before this Act.
commence- . .
ment of this
Ad.
Development 36. If a n y P l a n n i n g A u t h o r i t y h a s p r e p a r e d a d r a f t
plan Development plan for the area within its jurisdiction before
prepared the commencement of this Act, such Development Plan shall
prior to this be deemed to be a draft Development plan for that area for the
Ad.
purposes of this Act, and thereupon, the foregoing provisions
of t h i s C h a p t e r i n r e l a t i o n t o t h e submission of d r a f t
Development plan to the 'state Government for sanction shall
mutatis nzutandis apply.
'iM&~a- 37. (1)Where a modification of any part of or any proposal
tion] of final made in, a final Development plan is of such a nature t h a t it
Development will not change the character of such Development plan, the
plan. Planning Authority may, o r when so directed by t h e S t a t e
Government '[shall, within sixty days from the date of such
direction, publish a lot ice] in the Officicrl Gazette 2[and in such
other manner a s may be determined by it] inviting objectioils
and suggestions from any person with respbct to the proposed
modification not later than one month from the date of such
notice; and shall - 1 ~ - serve notice on all persons affected by
the proposed modification and after giving a hearing to any
s u c h p e r s o n s , s u b m i t t h e proposed modifica.tion ( w i t h
amendments, if any), to the State Government for sanction.
3[(1A) If the Planning Authority fails to issue the notice as
directed by the State Government, the State Government shall
i
issue t h e notice, and thereupon the provisions of sub-section
(1) shall apply a s they apply i n relation to a notice to be
published by a Planning Authority.]
[(ILIA) (a)Notwithstanding anything contained i n sub-
sections ( I ) , (1A) a n d (2),where t h e S t a t e Government is
satisfied t h a t in the public interest it is necessary to carry out
urgently a modification of any part of, or any proposal made in,
a final Development Plan of such-a nature that it will not change
the character of such Development Plan, the State Governiment
may, on its own, publish a notice in the Official Gazette, and in
such other m a n n e r a s m a y be deternlined by i t , inviting
objections and suggestioils froin any person with respect to the
proposed modification not later than one inonth froin the date
of such notice and shall also serve notice on all persons affected
by the proposed modification and the Planning Authority.
'These words were substituted for the words " shall publish a notice "by Mah. 14 of
1971, s. 3(1).
These words were inserted by Mah. 6 of 1976, s. 16.
Sub-section (IA) was inserted by Mah. 14 of 1971, s. 3(2).
Sub-section (IAA) was inserted by Mah. 7 of2002, s. 2 and shall deenled to have
effect from the 9th October 2000. i
"his word was substituted for the words " Minor lnodification " by ~Mah.39 of - -
1994, s. 9. f
1966 :Mah. x2DXtI 1 Malzarashtra Regional and Town
Planni7zg Act, 1966
( b ) The State Government .shill, after the specified period,
forward a copy of all such objections and suggestions t o the
Planning Authority for its say to the Government within a
period of one month from the receipt of the copies of such
objections and suggestions from the Government.
(c) The State Government shall, after giving hearing to the
affected persons and the Planning Authority and after making
such inquiry as it may consider necessary and consulting the
Director of Town Planning, by notification in the Official
Gazette, publish the approved nlodifications with or without
changes, and subject to such conditions as it may deem fit, or
may decide not t o carry out such modification. On the
'
publication of the modification in the Official Gazette, the final
Development Plan shall be deemed to have been modified
accordingly.]
[(l-R) Notwithstanding anything contained in sub-section
M A ( I ) , if the Slum Rehabilitation Authority appointed under
)M:vvsection 3A of the Maharashtra Slum Areas (Iinproveinent,
''Iof Clearance and Redevelopment) Act, 1971 is satisfied that a.
1971.
- n~odificatioilof' any part of, or ally proposal made in, a final
'Development Plan is required to be made for iinplen~entation
of the Slum Rehabilitation Scheme declared under the said Act,
then, it inay publish a notice in the Official Gazette, and in such
other manner as nlay be determined by it, inviting objections
and suggestions froin any person with respect to the proposed
modification not later than one month from the date of such
notice; and shall also serve notice on all persons affected by
the proposed modification, and afte-r giving a hearing to- any
such .persons, submit t h e proposed modification. (with
. amendments, if any) to the State Government for sanction.]
(2) The State Government may, 2(lmakesuch inquiiy a.s it may
consider necessary] and after consulting the Director of Town
Planning by notification in the Official Gazette, sanction the'
modification " ' 'k with or without such changes, and subject
t o such con.ditions as it may deem fit or refuse to accord
sanction: If a ~nodificationis sanctioned, the final Develop~nent.
Plans shall bedeemed to have been modified accordingly.
[37A Notwithst.anding anything contiailled in this Act or
any other law for the time being in force, or in any judgement,
order o r direction of any Court or any draft o r 5nal Dcvelopmcnt . .

Plan, the State Covernmcnt or. the Plan12.in.gAuthority l.n.ay,

i n respect of any plot of land reserved, .clesignai;ed o r .
.

allocated for the purpose of play-ground h such draft or final

Development plan, which is in the possession of the State - - .
-- -- --
! Sub-section ( I - R )was inserted by Mah. 5 of 1996, s. 5.
? These words were substituted for the words '' after rilakiagsuch inquiry as it rxay
considt:r necessary aftel-hearing t h e persons-servedwith t h e notice " by Mall. 21 of
1997, s. 2.
:' The wol.dsNsubmit.ted to i t " were deleted!?y illah. 14 of'1971, s . 3(.?). - . -

Scctic)~;3'7A was insert-ed by hl all. -4sof 1.997; ,s. 2 and shall di,ernt?cll-ohnve rffi-ctr
li.o!:l illc Gt!-L Augui: 1~9'37
 __.___-..- ^ --
l.?? 3
<LC f ::,c!,;!331.1{);I,.~/~~.~~:~;;:~:;:;i; +
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2.:. ;:[:;I?, ':.;4 I ~ %i<:'[...>(;
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.scis .;-.,:.,# I.
. . . .
yx?a 'uor s.r:,.cc sq.zohy r p 1 - m ~xqq n d A . . ~;;?;'LIZ ~ 3 ~~:L~:.:~.II.JCI:-;;~
: ay.3
pup ' ~ Z T ! T T U B - [ ~UMOL JO ,10qa81!-~ dqndaa ay? ' o a ~ apagyou
.
a q 3 u! papnlaur. ' 6 ~ JJ 1 ~ ' E ~ C l<drarunrr.i a q l ~u!quasald&i
.laqmaur auo 'us.1-e po!jqou s y ~ ' 8 u ~ ~ u a s a ~ rblqmassg da.r -[se:.n?
a ~ ! [s!Sar1
~e ~ ; r q q s e x = q ~ a113 ) q J O .raquraur E 'ueur;r.rerl3-ax~ P?l!lor:rl a
t? 'u~-urlrs~r;3 t' ( (JO 3u~qs-rscro3 X?-rlroqqn~ -nx?a?t~$!qs~~on], .
(w) .
u!qra:,
BuyIo1a~ap
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- 03
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u~ pag~aadsEa-re pado~anapunACE -TO.J * :, a l p z w s P D ? D ? L S) ~- C R ~ ~
,
all? UI UO!~FXJ!?OU6q 'ABUI ?uauIilanos aqxqs a r ( 1~) ~y)pIs FVJS
- u q d ?uarudola~aa[l ~ u g
ayq uy aperu slesodo.1d aqq lZq liressaaau quaqxa ayq oq 26 uo!?3as .mid
Japun dtqe9;ns awaqas yans &an l-[eys d q ! ~ o y ? n B ~ ~ ! U U E lxnudOansa ~ ~
GT.~? ' 9 3 ~ S!Y? j o ?uamaauaiuruo3 ay? a q a q 3uarccuJanos ,cqauraq3s
a?e?S ayq dq pauoTqaues uaaq s e y q a l q ~amay3s S u ~ u u e l ds-1~1
u ~ ~ eo ur q apeur asoyq jo r~orqearjrpo~~~ JO 'UO!?E!JEA UI a n y 3 y Y ~K I A ~ ~
s l e s o d o ~ dsrrrsquon ue-[d quam6oTanaa leu;$ e a-xarlM - 6 ~ 30110!"9~
-ueld ?rraurdo-[a,laaarlq 20 uo-rsrna.~ . . o
y3ns , ~ qaadsa.1
U! dldde 'alqe3qdde apEuI aq ue3 Lay3 s e JE.J (3s ' ~ q ~ y 11 s pue
J
Og '67,'82 ' L Z ' 9 '22 ~ 'PZ 'EZ 'ZZ ii: , +: ,: UOIq3aSJO s ~ c ~ o ~ s ! A o.~~
arTq
p u s 'uo!q~!ps~.-rnT. . sq! r-rrrlqrM . . Fa.1-e aqq jo derrr asn-puq .*Srz!qs!xa
u e B u ! ~ ~ d apup ~ d dahcns qsa;rj 'dlessaaau j! 'qno S u ~ < i l ~looay e
[(Klaqe.~adass q ~ e darlq 10 ' X n o y ~~aqq!a)], u q d 3u&do-[a~aa
aqq as1Aa.I '[?uaruu;rano3 aqeqs arIq 6q pa93a~!p os U ~ aMw y
L(UG lT€?qS I
~ E U ~)!.ToY~"v * S U T U U E ~ ~E ' L T O T ' ) B .OI?U ~!~ O
, am03 SEY qled qsel arp rla!y~ 110 aqep ay? mo.rl~( s ~ i 4uam?], a ~
u! aauo qseal ?t? uaqq 'sq.red ur pauorpues s! uelcl ?uamdola.~aa-w@
a a.IaqM pue 'uor?e~adoolui aruoi s a q ueld q u a u ~ d o ~ a n aea q u a r u d o p ~ a a
q3!9-fi LO.aqep ayi moJj [ s ~ e a d d?uamq], uy aauo ?seal ?V egg jo uo!so\ax
[ - ~ a sjo n azuvya e aq o? paruaap aq ~ G Ul ~ e y s3sn yans
p u head ~ ~apualt?aR ur 'aqe.3a.r.8Se ayq ur sXep 01 Sulpaaaxa
qou asea due ur pue a&r? e qe s L ( ~ZT p 3kpaanx3 leu pollad
e JOJ ' ~ a p ~yans o ur 'aq keur asea ayq s e 'h!~orlqnv %u!uueld
aq? JO 3uaruu;raAoD &eqS ayq 6q pagpads suo!yprroa pue srulaq
uo 'suoyqxn-t~snoBr-[a;r . . pue s ~ a p e a ?~ a u o i q JO e ~ sa?zp/wLuzrnd
.IO saz)uw~Cwpay? p u e 'squana I B U O ~ ~ B .IB~I'LU!S N PUB L e a
exqqsh.~eyeMI'Lea ariqndax ' L e a aauapuadapul jo suo!seaso ay?
uo pas!ueS;ro suorp&nJ JOJ punoA3dald yans asn oq u o y q e ~ o ~ s e
.I0 s u o s ~ a dJO dpoq 'uoqssrue8.10 d u e q r m ~ a d'aru~q03 aw!q
~ y
o panss! lapro UP ~q ' ~ q ~ o y qB U n !~U U E ~ ~ayq JO quaruuJano3
 4

1966:Mah.DXVII ] .4faltarashtrrr Regio~taland Tozu~r

Pla~z~zi~zg
Act, 1966
hIah. l [ ( a n ) appoint
'the ~ u t h o r i constituted
t~ under the
-- Maharashtra Housing and Area Development Act, 1976, or]
I11 of
1977. ( b ) appoint any Development Authority declared under
sub-section (3A) of section 113, 2[or
Mah. (c) .appoint the Bombay Metropolitan Region Development
Wof '
Authority establish under the Bombay Metropolitan Regi0.n
Development Authority Act, 1974, to be the Special Planning
Authority for developing the notified. area.]
hhh- 3[(1A) Notwithstanding anything contained in sub-section ( 1),
"Iof any area where Chapter V1 of the hlaharashtra Industrial
1962.
Develop~nei~t Act, 1961 (hereinafter, in this section, referred
to as " the s a i d ' ~ c"), t applies, or any other area comprisii~g
Government land handed over t o the hlaharashtra Industrial
Development Corporatioil established under section 3 of the
said Act, shall be deemed to be " the notified area " ; and th.e
Maharashtra Industrial Development Corporation shall .be the
Special Plan.ning Authority in respect of such notiiyed area,
a n d sl~allbe dee~llecito have been appointed as such uncle:- this
sectior, fbr the purposes of this Act :
' P r o v i d e d that, a t any time, a s provided in the first proviso
to sub-section ( 3 ) of section 1 of the said Act, where the State
Gover.nment by notification in the OfjriciaZ Gazette, directs that
the said Chapter VI shall cease to be in force in that area o r
ar,y part thereof, froin the date specified in such notification,
then from such date, the said area or part thereof, as the case
may be, shall cease to Be the notif'led area and the Maharashtra
Industrial Development Corporation shall cease to be the
Special Planning Authority for the purposes of this Act for such
area or part thereof:
Provided further that, the provisions of clauses ( e ) and (f, of
sub-section ( 3 ) or of sections 116, 117, 126, 127 and Chapter
VIII shall not be applicable to such Special Planning Authority.]
[(ILS j Notwithstanding anything contained in sub-section
(I),'the State Governrneilt may, by notification ill the Official
G a z e t l e , appoint ariy a g e n c j ~or authority created by or in
accordance with Govern.ment ?rder or i n s t r u n ~ e n t ,or any
colllpaliy or corporationestablished by or xnder any State or
Central iaw, to be the Special Planning Authority for a n y
n o tfied area.]
, q .-- 4 . ,lr: Ch~~i:-:-aan
., / 8 ) . b arld Vice-C13.airman r!-f::he S~,ecia!F I a - ~ . ~ . i n g
. .
i . ~ - c t i - , LcoIlstieu';ed
~r.~~y uaiier ci;lG (u.j '31
sSU1:5-8ectiori
r !:I ) Sfl;iJtl!
be a p p i n t e d by tkie Stzte Government; but if any xnunicipal
area fornls part of any notified area, then the President of the
hllunicipal Council of such niunicipal . area shall be tile Vice-
Chairman. The Officer not below the rank' of an' Assistant
Collector s11al.l be the Secretary and Chief Executive officer.
_ : T$is clause was inserted by ML\.25 of1977,s. 19$(b!.
"These wai-d " c r "and.clause (c) \\rere inserted by Mall. 4 of 19.75,s. Sdil. 11.
('4). -vas inserted
:' S-c:b-secti~~i \L- 3'1311. 10of 1994-,s. 4(<1).
I
1 Sub-section ( : l U )\-:.as inserted by &IF&.. 24 of 2002. s. 2.
I
 Maharashtra Regional and To~un [ 1966 :Mah. XCWII
Planning Act, 1966
, ( 3 ) '[The] provisions of Chapter VI of this Act shall, subject
to the provisions of this section and section 41, apply mutatis
mutandis to the Special Planning Authority as they apply in
relation to a Development Authority, as if the notified area were
a new town subject to the following modification, namely :-
(a) in section 113-
(i) in sub-section ( 6 ) ,after the words " Regional Board "
the words and figure " with the modification that section 8 ?A

shall not apply in relation to notified area " shall be added ;

(ii) to sub-section ( 8 ) , the following proviso shall be 1
4
added, namely :-
"Provided that, it shall not be necessaly for a
Special Planning Authority to make any Development
plan or town planning scheme for any notified area for
the purpose of carrying out its objects under this Act. It
may submit its proposals for the development of the land
in the notified area (being land either vesting in it or
land which h a s been acquired or is proposed t o be
acquired under section 116) as provided in section 115. " ;
( b ) section 113A shall be omitted ;
( c ) in section 114,-
(1)in sub-section (1),-
(i) the words, figures and letter "subject to the
provisions of section 113A" shall be omitted ;
(ii) i n the proviso, for the words, brackets and
figures " constituted under sub-section (2) of section
1 1 3 " the words, ",unless empowered by the State
Government so to do, " shall be substituted ;
(2) in sub-section (2), in the proviso, in clause (a), for
the port.ion beginning with the word " constituted " and
ending with the words " such Authority ", the following
shall be substituted, namely :-
" and if both the Chairman and Vice-Chairman are not
available, with such officer or officers a s may be
authorised by such Authority. " ;
( d ) for section 115; the following shall be substituted,
nan~ely:-
~law " 11-5. "(1)]A -Special Planning -Anthority siiall, fro111
and con tl-l~l tinre tc time, su1;mit to the State Goven~inent. its p.opoaals
i~ notified
area.
for t;he devclopnlent of iand (being land either belonging
to, or vesting in, it or acquired or proposed to be acquired
under section 116), and the State Government may, after
consultat.ion with the Director of Town Planning, approve
.such proposals either with or without modification.
This word was substituted for the words" On the'reconstit.ution of tlie Special
Planning Authority the ", by Mzh. 10 of 1994,s. 4!D).
Sectioi1115 was renuinbcred as sub-section r l ) thereof and sub-sections ( 2 )and
(3j 15:e.t-eadded by blah. 22 of 1973, s. 2.
 ,- , 1966 :Mah. XXXVII I Maharashtra Regional and Torun
*z5
r
-5
%2
--. Planning Act, 1966
' [ ( 2 ) Before submitting t h e proposals to the S t a t e
Government, the Special Planning Authority shall carry
out a survey and prepare an existing land-use map of the
area, and prepare and publish the draft proposals for the
lands within its jurisdiction together with a notice in the
Official Gazette and local newspapers in such manner as
the Special Planning Authority may determine, inviting
objections and suggestions from the public within a period
of not more than 30 days from the date of notice in the
Official Gazette. The Special Planning Authority may, if it
thinks fit, give individual notices to persons affected by
the draft proposals.
( 3 ) The Special Planning Authority may after duly
considering the objections or suggestions. received by it,
if any, and after giving an opportunity, to persons affected
by such draft proposals of being heard modify its proposals,
if necessary, a n d t h e n submit them to t h e S t a t e
Government for its approval. The orders of the State
Government approving such proposals shall be published
in the 0ffzcr.al Guzette.] " ;
(el for section 116, the following shall be substituted,
namely :-
" 116. Every Special Planning Authority shall have all
the powers of a Planning Authority under this Act a s Powerof
provided in Chapter VII for the purposes of acquisition of specid
such land in the notified area as it considers to be necessary P1anni"g
Authority to
for the purpose of development in t h a t area either by acquireland
agreement or under the Land Aquisition Act, 1894, or any innotified
land adjacent to such area which is required for the area.
development of t h e notified a r e a and land whether
adjacent to that area or not which is required for provision
for services or amenities for the purposes of the notified
area ". ;
( f ) for section 117, the following shall be substituted,
namely :-
" 117. Where any land has not been acquired within a Obligation
period of ten years from the date of a notification under topurchase
sub-section (1)of section 40, any owner of the land may, by landin
notified
notice in writing served on the Special Planning Authority, Kea.
require it to acquire his interest therein; and thereupon,
the provision of section 127 providing for lapsing of
reservations shall apply in relation to such land as they
apply in relation to land reserved under any plan under
this Act. ; "
(g) in section 122, in sub-section (I),the words, brackets
and figures " constituted under sub-section ( 2 ) of section 113" '

shall be omitted.
. Section 115was renumbered a s sub-section (1)thereof and suh-sections (2)and
( 3 )were added by Mah. 22 of 1973, s. 2.
 . . .
L'L
' ( q )' ~s *-p?q7 p u n 0 3 ,,S ~ J O May? -IOJ p a ~ n ? ~ . ~ sa-ram
q n s spJoAvasarl;l,,
'('% 's ' ~ ~ 6 1
JO 11 - q qLq
~ ,, 1!auno3 ~ed!a!un~,,S ~ J O Maq? JOJ pa?nq!?sqns axaM sp;roh%asarI;I,,
'9 's 'ZL67:J'J OE ' T W Kq PaPPF -M uo!21od s!q,t I
- [ - u r ~ fiq
q pa~raaalr.lo p[aq [Lquoqqne
leao~],aqq jo Aauour aqq JO ?no ur!q Aq pied os s u n s l o urns Aue
30 q3adsal ur [Aqr~oqqne[eaolIc 07 Aqfl;q~!l 11" moq uoslad q3ns
oq a ~ ~ e q a s !quajagps
p e aq [leqs laplo yans 09 quens~udaperu
q u a a e d Lraaz -laplo aqq Aaqo 02 punoq aq lleqs uos-tad q3ns pue
flaplo aqq ur patpads oq Aerrr ss sqrrawleqsurjo LaquTnu qans Aue
i ur l o quou~~~eqsur auo UI -raqqya a~1a3a-1 am!? oq aruyq uroy Asur
5
l o spuere srq u! aAer1 LELI.Ioq s s sdguour qans uroy q u a a e d aqq
aymu 03 asrmlaqqo lo layueq ' ~ a ~ n s s a'laxgo ~ q sq; se [Aq!;coqqne
s
, leao[]F: aqJjo jlsqaq uo s6auomdue jo Apoqsna seq Suyaq aurrq ayq
"03 O ~ Mu o s ~ a d6ue Bu~qaaxplaplo ue ayem Aeru q u a r u u ~ a ~ o ~
aqeqs ayq ' ( 1 )uorqaas-qns lapun urns Aus Led 07 s p j [.1I1y.~oqqne
I
~ e a o l Aue
] ~ jlJr-&!-royqnV Bu!uueld l e p a d s aqq oq qy Aed pue
sarqrlo
. . qqne l o dq!~oqqne 1~307a qq m o g 7: ;ca~o3al'Lq!;ro qqnv
Su!uueld le13ads aqq UIOJJ uo!qeur!qul fiessaaau jo 3dlaaa-r uo
' p q s ~ U ~ L I . I U - T ~ aqeqs
A O ~ aqq uo!qnququo3 30 qunoure y3ns Aed oq
~ I E JSaIqIloyqne -TO dq!~oqqne lez~olayq alaq~fi'qeqq pap!Ao-rd
: uralaqq paqe3rpur lauueur aqq u! laplo ayq u! p a r j ~ ~ a d a
uo!qnq!qaoa 30 luno&e aqq dq!~oqqnv Bu!uueld le!aads aql oq
Led l ~ e q saquoqqne
s lea01 l o dq?-~oqqne p o l aqq ' ( 1 )uoyaas-qns
Japun laplo -aql jo qdyaaa~aqq JO sdep dq~!qq ueqq laqel q o (~2 )
~
- 3 3 s!qq 3" sasod~ndaqq 103 'quoqqnv . s q p o q n E
3 u r u u e l d le13ads aqq J O sasuadxa sqq Surqaaur lo3 ' l a p l o p,,~xq
aqq ur pag~aadsaq Aertr se squaur[eqsuy yans uy 10urns durn1 u! uoynququoa
laql& u o ! q ~ ~ ~ ~se u o-4ed
a 11~qspaqnq!qsuo:, uaaq seq i(q!loqqnv d q aq ~
~ u ! ~ u - le!aad~
e ( ~ ar~q ale asorlm jo laadsal u! sarquorlqne . . irrsol 0 ? - 6 q u 0 ~ n
ayl J O ~ 3 10~~ ~ 3L - I O ~ ~lr.101 I I E e qs:qll\ qunome aqq a u r u r ~ a ~ aSpr n - m ~ d
P ! ~ S
M
~ U. I. ~ ~u!J laplo ue dq p q s quamulaAof) aqeqs aq& ( T ) . ~ p JOSasuvdxy
[-quauru~anof>
aqeqs aqq Aq p a a o ~ d d es ~ ~ s o d o arlq l d Aq pag!pour pueqs
ileqsjoa~aqq?led due 10sale pagiqou aql u! a ~ ourj pue oq
alqe3qdde amaqas lo ueld qans due jo suo!s!ao~d aq; quaqxa
qeqq 07 pue !sale pag.rqoE qans u! 'axoj ur aq oq pauraap
aq p u e '[!e~ald [lerIs PUP '~EU!J aq IIerIs quamulailof)
aqeqs a q l Aq pano.rddu s l ~ s o d o i ~aqg d jo suo!s;aoxd arlq
'SIT: u o ~ q ~ lapun
as quaLuuJa,ios aqzqs arlq dq pano~ddea m
pueT LUG j o quourdo~almpJUJ slesodo~dAue alaqM ( g )
-joalarlq 3 x 6 fiue ur JO e a l c
paggou aqq u! aaloj u! aq Lpaaqe em q3gM G S U O ~ 10 ~ ~ ~ ~ ~ J
sn\e[-a6q Su!ppnq fius LO 'auraqas Suruue[d u ~ o qp u g l o
qjelp .<us20 : ue[d quarud01a~1a-p [eug l o qjeap u a [ d ~euo$ax
l e u 3 10~JE-TP ~
Lu2 j o S U O.~ S- T A O , Tarlq uoq~lapysuoaoqu! aye?
oq a ~ ~ ~ c l nax q - ~ taye;
' d ~ ~ e quamulaso3
q s aqeqs am pue
L q ~ ~ o q q n.Su?uueld
y leyaads ayq 'uo;qaas qeqq lapun uraqq
Suyno~ddeur 'pus 9 ~ rro;q~as 1 lapun puel due Surdolanap
JOJ S ~ E S O ~ sl! O . aurqqimqns
; ~. . p u S ~u ! - r ~ d a ~ d ( p )
 1966 :Mah. XXXVII I Mahurashtra Regional and Town 33
Planning Act, 1966
42. On the .coming in* operation of any plan or plans Wementa-
'rhferred to i n &is Chapter, it 'khallbe the du& of every planning tion of
Authority to take such steps as may be necessary to carry out plans.
the provisions of such plan or plans.
CHAPTER IV

43. After the date on which the declaration of intention to Restridions

prepare a Development plan for any area is published in the ondevelop-
ment of
Official Gazette '[or after the date on which a notification hd.
specifjring any undeveloped area as a notified area, or any area
designated as a site for a new town, is published in Official
Gazette] no person shall institute or change the use of any land
or carry out any development of land without the permission
in writing of the Planning Authority :
Provided that, no such permission shall be necessary-
(i) fo.r carrying, out works for t h e maintenance,
improvement or other alteration: of any building, being works
which affect only the interior of the building or whi,ch do not
materially affect the external appearance thereof [except
in case of heritage building or heritage precinct ;]
(ii) the carrying out of works in compliance with any order
or direction, made by any authority'under any law for the
-
time being in force ;
'
(iii) the carrying out of works by any authority in exercise
of its powers under any law for the time being in force ;
(iv) for t h e carrying out by the Central or the State
Government or any local authority of any works-
(a) required for the maintenance or improvement of a
highway, road or public street, being works carried out on
land within the boundaries of such highway, road or public
street ;
(b) for the purpose of inspecting, repairing or renewing
any drains, sewers, mains, pipes, cable, telephone or other
apparatus including the breaking open of any street or
other land for that purpose ;
( v ) for the excavation (including wells) made. in the
ordinary course of agricultural operation ;
(vi) for the constmetion.of a .road intended to give access
to land solely for agricultural
. ..
.purposes;' . '

(vii) for normal use of land which h a s been used

=
temporarily for other purposes ;
'These words were inserted byMah. 30 of 1972,s. 6.
- -
These words were added by Mah.39 of 1994,s. 11.
H 4007-6
 , . . , . . . . . a . .
. .
34 . Mahurashtra Regwna1.and Town [ 1966 :Mah. =I
Planning Act, 1966
(uiii)i n case. of land, normally used for one purpose and
! ! ' occasionially used for Any other purpose, for the'use of land
for that other purpose on occasions ;
(ix) for use, for any purpose incidental to the use of a .
building for human habitation of any other building or land .
attached to such building.
Applicationfor 44. l [ ( l ) ]Except as otherwise provided by rules made in
permission for this behalf, any person not being Central or State Government
development- or local authority intending to carry out any development on
any land shall make an application in writing to the Planning
Authority for permission in such form and containing such
particulars and accompanied by such documents, as may be
prescribed :
2[Provided that, save as otherwise provided in any law, or
any rules, regulations or by-laws made under any law for the
time being in force, no such permission shall be necessary for
demolition of an existing structure, erection or building or part
thereof, in compliance of a statutory notice from a Planning
Authority or a Housing and Area Development Board, the
Bombay Repairs and Reconstruction Board or the Bombay Slum
Improvement Board established under t h e Maharashtra ~ a b
r Housing and Area Development Act, 1976.1 XXX-
VIII of
l[(2) Without prejudice to the provisions of sub-section (1) 1977.
or any other provisions of this Act, any person intending to
_executea Special Township Project on any land; may make an
application to the State Government, and on receipt of such
- application the State Government may, after making such
inquiry as it may deem fit hthat behalf, @.ant such permission
and declare such project to be a Special Township Project by
- notification in the Official Gazette or, reject the application.]
Grantor 45. (1) On receipt of an application under section 44 the
refusalof Planning Authority may, subject to the provisions of this Act,
p e e s i o n . by order in writing-
(i) grant the permission, unconditionally ;
(ii)grant the permission, subject to such generalor special
+-
conditions as it may impose with the previous approval of
the State Government ; or
(iii) refuse the permission.
(2) Any permission granted under sub-section (1)with or
without conditions shall be contained -in a commencement
" rcertificate in the prescribed form.
. .
. . .
(3) Every-order granting permission subject to conditions,
Lor refusing permission shall state the grounds for imposing
such conditions or for such refusal.
(4) Every order under sub-section ( 1 ) shall be communicated
to the applicant in the manner prescribed by regulations.
'Section 44 was re-numbered as (1) thereof and after sub-section (1) as so
re-numbered, sub-section (2)was added by Mah. 22 of 2005, s. 4.
This provisowas added by Mah. 10 of 1994, s. 5. -
 1966.: Mah. XXXVII I Maharashtra Regional and Town 35
Planning Act, 1966 '

., (5) If t h e Planning Authority does nett communicate its

decision whether to grant or refuse permission to the applicant
within sixty days from the date of receipt of his application, or
within sixty- days from the date of receipt of reply from the
applicant in respect of any requisition made by the Planning
Authority, whichever is later, such permission shall be deemed -
to have been granted to the applicant on the date immediately
following the date of expiry of sixty days :
'[Provided that, the development proposal, for which the
permission was applied for, is strictly in conformity with the
requirements. of all t h e relevant Development Control
Regulation framed under this Act or bye-laws o r regulations
framed in this behalf under any law for the time being in force
and the same in no way violates either the provisions of any
draR or final plan or proposals published by means of notice,
submitted for sanction. under this Act :
Provided further t h a t , any development carried out in
pursuance of such deemed permission which is in contravention
-

)of the provisions of the first proviso, shall be deemed to be an +

unauthorised development for the purposes of sections 52 to
57.1
: 2[(6) The Planning Authority shall, within one month from
the date of issue of commencement certificate, forward duly -
authenticated copies of such certificate and the sanctioned 'l - .

building or development plans to the Collector concerned.] -

46. The Planning Authority in considering -application for pn>visi0~
permission shall have due regard to the provisions of any draft LoPme
or final plan 3[or proposal] 4[published by means of notice] plantobe
considered
[submitted] or sanctioned under this Act. before

47. (1) Any applicant aggrieved by a n order granting &peal.

permission on conditions or refusing permission under seciion
45 may, within forty days of the date of communication of the
order to him, prefer anappeal to the State Government or to.
an officer appointed by the. State '~overnmentin this 'behalf,
being an officer not below the rank of a Deputy Secretary to
Government; and such appeal shall be made in such manner
and accompained by such fees (if any) as may be prescribed.
(2) The State Government or the officer so appointed may,
after giving a reasonable opportunity to-.theappellant and the
Planning Authority to be heard, by order dismiss the appeal,
These provisos were added,by Mah. 10 of 1994, s. 6(a). - 1

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

3These words were inserted by Mah. 30 of 1972, s. 7. A
I
These words were substituted for the word " published " dy Mah. 6 of 1976, s. 18.
I
 Maharashtra Regional and Town 1 1966 :Mah. XXgMI
- Planning Act, 1966
or allow the appeal by granting permission unconditionally or...
. .. I .

subject to the conditions as modifiid.

Lapse of 48. Every permission for development granted or deemed -.

- permission- to be granted under.section 45 or granted under section 47 shall

remain in force for a period of one year [form the date of receipt
of such grant], and there.after it shall lapse : .
Provided that, the Planning Authority, may, on application
made t o it extend ,such period from year to year; but such
extended period shall in no case exceed three yars :
Provided hrther that;such lapse shall not bar any subsequent
application for fresh permission under this Act.
Obligation 49. (1)where-
to acquire
-
-,: land on (a) any land is designated by a plan a s subject to
r e h s. a l- of compulsory acquisition, or
permission
or on grant (b) any land is allotted by a plan for.,thepurpose of any
of-- functions of a Government or local authority or statutory
permission
'in certain
body, or is land designated.in such plan as a site proposed to
cases. be developed for the purposes of any functions of any such
'Government, authority or body, or .. .

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

highway is proposed to be constructed-or included, or
2[(d)any land for the development of which -permission is
refused or is granted subject to conditions, - I

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

claims-
(i) that the land has become incapable of reasonably
beneficial use in its existing state, or
(ii) (where planning permission is given subject to
conditions) that the land cannot be rendered capable of
reasonably beneficial use by the carrying out of the
permitted development in accordance with the conditions ;
or1
(e) the owner of the land because of its designation or
allocation in any plan claims that he is unable k sell it except
at a lower price than that at which he might reasonably have
been excepted to sell if it were not so designated or allocated,
the owner or person affected may serve on the S t a t e
Governement within such time and in such manner, as - I

is prescribed by regulations, a notice (hereinafter referred to

- i!
These words were substituted for the words " from the date of such grant ",by
. . I
Mah. 6 of 1976,s. 19. - ..- j

Clause ( d )was substituted for the ori&nal by Mah. 14 of 1971,s. 4(1). -

--
1
i
*
1966 :Mah. XXXVII] Malrarashtra Regional and Town
Planning Act, 1966
as " the purchase notice "1 requiring the Appropriate Authority to
purchase the interest in the land in accordance with the provisions
of this Act.
(2).The purchase notice shall be accompanied by a copy of any
application made by the applicant-to the .Planning Aurhority, and
of any order or decision of that Authority and of the State Govern-
ment, if any, in respect of which the notice is given.
(3) On receipt of a purchase notice, the State Government shall
fortwith call from the Planning Authority and the Appropriate
Authority such report or records or both, as may be necessary, which
those authorities shall forward to the State Government as soon as
possible but not later than thirty days from the date of their
requisition.
(4) On receiving such records or reports, if the State Government
is satisfied that the conditions specified in sub-section (1)are fulfilled,
and that the order or decision for permission was not duly made
on the ground that the applicant did not comply with any of the
provisions of this Act or rules or regulations, it may confirm the
purchase notice, or direct that planning permission be granted without
' condition or subject to such conditions as will make the land capable
of reasonably beneficial use. In other case, it may refise to
confirm the purchase notice, but in that case, it shall give the
applicant a reasonable opportunity of being heard:
(5) If within a period of six months from the date on which a
purchase notice is served the State Government does not pass any
final order thereon, the notice shall be deemed to have been
confirmed at the expiration of that period.

2[(7)If within one year from the date of confirmation of the notice,
the Appropriate Authority fails to make an application to acquire the
land in respect of which the purchase notice has been confirmed as
required under section 126, the reservation, designatiion, allotment,
indication or restriction on development of the land shall be deemed
to have lapsed; and .thereupon, the land shall be deemed to be
released from the reservation, designation, or, as the case may be,
allotment, indication or restriction and shall become available to the
owner for the prupose of development otherwise permissible in the
case of adjacent land, under the relevant plan.]
50. (1)The Appropriate Authority 3[(otherthan the Planning Au- Deletion of
thorityl], if it is satisfied that the land is not or no longer required z~izff"
for the public purpose for which it is designated or reserved or allocated ,,ted land
in the interim or the draft Development plan or plan for the area of for interim
Comperhensive development or the final Development plan, may
request-
gi
Develop-
ment g h ~ .
Sub-section (6) was deleted by Mah. 6 of 1976, s. 20:
Sub-section (7) was added by Mah. 14 of 1971. s. 4(2).
' The brackets and words were insured by Mah. 39 of 1994, s.-12.
 Maharashtra ~egiorzaland Town [I966 :Mah. XXXVII
Planning Act, 1966
( a ) the Planning Authority to sanction the deletion of such
'
designation or reservation or allocation from the interim or the
draft Development plan or plan for the area of Comprehensive
development, or
(b) the State Government to sanction.the deletion of such designation
or reservation or allocation from the final Development plan.
( 2 ) On receipt of such request from the Appropriate Authority, the
Planning Authority, or as the case may be, the State Government
may make an order sanctioning the deletion of such designation or
reservation or allocation from the relevant plan :
Provided that, the Planning Authority, or as the case may be,
the State Government may, before making any order, make such
enquiry as it may consider necessary 'and satisfy itself that such
reservation or designation or allocation is no longer necessary in
the public interest:
( 3 ) Upon an order under sub-section ( 2 )being made, the land shall
be deemed to be released from.. such dsignation, reservation, or, as
the case may be, allocation and shall become available to the owner
for the purpose of development as otherwise permissible in the case
of adjacent land, under the relevant plan.

Power of
51. (1) If it appears to a Planning Authority that it is expedient,
revocation having regard to the Development plan prepared or under preparation
and that any permission to develop land granted '[or deemed to be granted]
of permls-
under this Act or any otherlaw, should be revoked or modified, the
,ion to Planning Authority may, after giving the person concerned an
develop- opportunity of being heard against such revocation or modification,
by order, revoke or modify the permission to such extent as appears
to it to be necessary:
Provided that-
( a ) where the development relates to the carrying out of any
building or other operation, no such order shall affect such of
the operations as have been previously carried out; or shall be
passed after these operations have substantially progressed or have
been completed ;
(b) where the development relates to a change of use of land,
no such order shall be passed at any time after the change has
taken place.
( 2 ) Where permission is revoked or modified by an order made
under sub-section ( 1 ) and any owner claims within the time and in
the manner prescribed, compensation for the expenditure incurred
in carrying out of the development in accordance with such permission
which has been rendered abortive by the revocation or modification,
the Planning Authority shall, after giving the owner reasonable
opportunity of being heard by the Town Planning Officer, and after
considering his report, assess and offer, subject to the provisions of
section 19, such compensation to the owner as it thinks fit.
These words were inserted by Mah. 10 of 1994, s. 7.
 1%6 :Mah. XXXVII] Maharashtra Regiorzal and Town
Planning Act, 1966
+. ;
(3) If the owner does not accept the compensation and gives notice,
within such time as' may be prescribed, of his rehsal to accept, the
Planning Authority shall refer the matter for the adjudication of the
court; and the decision of the court shall be final and be binding
on the owner and Planning Authority.
52. ( 1 ) Any person who, whether at his own instance or a t the P e n a l t y for
instance of any other person commences, undertakes or carries out uedn adevelop-
uthoris-
development, or institutes or changes the use of any land- m e n t o r for
( a ) without permission required under this Act ; or use
otherwise
( b ) which is not in accordance with any permission granted or than in
in contravention of any condition subject to which such permission conformity
has been granted ; with
Develop-
(c) after the permission for development has been duly revoked ; ment plan.

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

modified,
shall, on conviction, ' b e punished with imprisonment for a term
2[which shall not be less than one month but which may extend to
three years and with fine which shall not be less than two thousand
rupees but which may extend to five thousand rupees, and in the
case of a continuing offence with a further daily fine which may
extend to two hundred rupees] 1 for every day during which the
offence continues after conviction for the first commission of the
offence. ..
(2) Any person who continues to use or allows the use of any
+ land or building in contravention of the provisions of a Development
plan without being allowed to do so under section 45 or 47, or where
the continuance of such use has been allowed under the section
continues such use after the period for which the,use has been
- allowed or without complying with the terms and conditions under
which the continuance of such use is allowed, shall on conviction
be punished 3[with fine which may extend to five thousand rupees];
and in the case of a continuing offence, with a further fine which
may extend to one hundred rupees for every day during which such
offence continues after conviction for the first commission of the
offence.
53. ( 1 ) Where any development of land has been carried out as Power t o
indicated in sub-section ( 1 ) of section 52, the Planning Authority may, require
r e m o v a l of
subject to the provisions of this section, 4 * * * * unauthorised
on the owner .a notice requiring him, within such period being not develop-
less than one month, as may be specified therein after the service ment.
of the notice, to take such, steps as may be specified in the notice,
( a ) in cases specified in clause ( a ) or ( c ) of sub-section ( 1 ) of
section 52, to restore the land to its condition existing before the
said development took place,
These words were substituted for the words "be punished with fine which may extend
to five thousand rupees," by Mah. 31 o f 1983, s . 3(a).
This portion was substituted for the portion beginning with the words "which may extend
t o three years" and ending with the words "one hundred rupees" by Mah. 10 of 1W4,s. 8.
These words were substituted for the words " with fine which may extend to five
thousand rupees" by Mah. 31 of 1983, s. 3(b).
' The words "within seven years of such development' were deleted by Mah. 39 of 1994,
s. 13.
 Maharnshtra Regional and Town ['1966 :Mah. XX?MI
Plan~zilzg Act, 1966
(b) in cases specified in clause ( b ) or ( d ) of sub-section (1) of
section 52, to secure compliance with the conditions or with the
peremission as modified :
Provided that, where the notice requires the discontinuance of 'any
use of land, the Planning Authority shall serve a notice on the
occupier also.
(2) In particular, such notice may, for purpose of sub-section (I),
require
(a)the demolition or alteration of any building or works ;
(b) the canying out on land of any building or other operations ;
or
(c) the discontinuance of any use of land.
(3) Any person aggrieved by such notice may, within the period
specified in the notice and in the manner prescribed, apply for
permission under section 44 for retention on the land of any building
or works or for the continuance of any use of the land, to which
the notice relates, and pending the final determination or withdrawal
of the application, the mere notice itself shall not affect the retention
of buildings or works or the continuance of such use.
(41 The foregoing provisions of this Chapter shall, so far as may
be applicable, apply to an application made under sub-section (3).
(5) If the permission applied for is granted, the notice sliall stand
withdrawn ; but if the permission applied for is not granted, the notice
shall stand ; or if such permission is granted for the retention only
of some buildings, or works, or for the continuance of use of only
a part of the land, the notice shall stand withdrawn as respects such
buildings or works or such part of the land, as the case may be, and
thereupon, the owner shall be required to take steps specified in the
notice under sub-section (1)as respects such other buildings, works
or part of the land.
(6) If within the period specified in the notice or within the same
period after the disposal of the application under sub-section (4), the
notice or so much of it as stand is not complied with, the Planning
Authority may-
( a ) prosecute the owner for not complying with the notice ; and
where the notice requires the discontinuance of any use of land
any other person also who uses the land or causes or permits
the land to be used in contravention of the notice; and
(b) where the notice requires the demolition or alteration of
' any building or works or carrying out of any building or other
operations, itself cause the restoration of the land to its condition
before the development took place and secure compliance with the
conditions of the permission or with the permission as modified
 1966 : Mah. XXXVIrj Mahnrnshtra Regioirnl nrtd Towr~.
f
.r; Planning Act, 1966
. 1. :.
by taking such. steps as: the Planning Authority may consider
necessary' including demolition or alteration of an.y building or
works or carrying out of any building or other operations ; and
recover the amount of any exp&nsessincurred by it in this behalf
from the, owner as arrears of land revenue.
(7) Any person prosecuted under clause (a)of sub-section'(6) shall,
on convict6n, '[be punished with imprisonment for a term 2[which
shall not be less than one month b i t which may extend to three
years and with fine which shall not be less than two thousand rupees
but which may extend to five thousand rupees, and in the case of
a continuing offence with a further daily fine which may extend to
I
i
two hundred rupees] for every day during which such offence continues
after conviction for the first commission of the offence.]
54. ( 1 ) Where any development of land as indicated in sub-section Power to
(I) of section 52 is being carried out but has not been completed, Stop
unauthorised
the Planning Authority may serve on the owner and the person develop-
carrying out the development a notice requiring the development of ment.
land to be discontinued from the time of the service of the notice;
and thereupon, the provisions of sub-sections (3), (41, (5) and (6)
of section 53 shall so far as may be applicable apply in relation to
A such notice, as they apply in relation to notice under section 53. '

(2) Any person, who continues -ot c m out 'the development of

land, whether for himself or on behalf of the owner or any other
person, after such notice has been served shall, on conviction, 313e
-
punished with imprisonment for'a term which may extend to three -
years or with fine which may extend to five thousand rupees or with - .

both]; and when the non~complianceis a continuing one, with a. .

further fine which may extend one hundred rupees for every day
-
after the date of the service:of the notice during which the non-
compliance has continued or continues. , .

55. (1) Notwithstanding anything hereinbefore contained in this Removal or

Chapter, where any person'has carried out any development of a discontinu-
ance of u n -
temporary nature unauthorisedly as indicated in sub-section (I) of authorised
section 52, the Planning Authority may by an order in writing direct temporary
that Rerson to remove any structure or work erected, or discontinue develop-
the use of land made, unauthorisedly as aforesaid, within fifteen days ment
su,m,rii?v.
of the receipt of the order; and if thereafter, the person does- not
comply with the order within the said period, the Planning Authority
h a y reguest the District Magistrate or the Commissioner of Police,
as the case may be, 4[or authorise any of its officers or servants,]
to have such work summarily removed or such use summarily
discontiuned without any notice as directed in the order, and any
development unauthorisedly made again, shall be similarly removed
or discontinued summarily without making any order as aforesaid.
These words were substituted for the words " be punished with fine which may ?lend
to five thousand .rupees " by Mah. 3 1 of 1983, s. -4(b).
This portion was substituted for the portion beginning with the words "which tnay
extend to three days" and ending with the words "one hundred rupees" by Mah. 10
of 1994, s . 9 .
These words were substituted for the words "be punished with fine which :may extend .. -
tb five thous_and rupees"; by Mah. 31 of 1983, s. 5. ; - -.

These words were inserted ibid.. s. 6. - - -

H 4007-7
i.

-.
7

. . . . . . .
42 ~ a k a m s k t r a~egiortnland Torvn [I966 :Mah.XXXVXI
Planning Act; 1966,
(2) The decision of theplanning Authority on the question of what
.
.
: I - is devel~prnkntof a temporary nature .shall be final. !

Power t o 56. (1) If it appears to a Planning Authority that it is expedient

require
. removal of in the interest of proper planning of its areas (including the interest
authorised of amenities) having regard to the Development plan prepared,-
develop-
ment or (a)that any use of land should be discontinued, or
use.
( b ) that any conditions should be imposed on the coatinuance
thereof, or
(c) that any buildings or works should be altered or removed, I
the Planning Authority may, by notice served on the owner,
(i) require the discontinuance of that use; or . .

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

on the continuance thereof; or
(iii) require such steps, as may be specified in the notice to
be taken for the alteration or removal of any buildings or works,
as the case may ,be ;
8
within such period, being not less than one month, as may be specified
therein, after the service of the notice.
(2) Any person aggrieved by such notice may, within the said period
and' in the manner- prescribed, appeal to the State Government.
(3) On receipt of i n appeal under sub-section (2), the State
-Government or any other person appointed by it in this behalf may,
aRer giving a reasonable opportunity of being heard to the appellant
and the Planning Authority, dismiss the appeal or allow the appeal .
by quashing or varying the notice as it may think fit.
(4) If any person,-
(i) who has suffered damage in consequence of the compliance
with the notice by the depreciation of any interest in the land
to which he is entitled or by being disturbed in his enjoyment
of the land or otherwise ; or
. .
(ii) who has carried out any works in compliance with the notice,
claims, from the Planning Authority, within the time and in the
I
manner prescribed compensation in respect of that damage, or of
any expenses reasonably incurred by him for complying with the
notice, then the provisions of sub-sections (2) and (3) of section 51
shall apply in relation to such claim a s those provisions apply to
claiins for compensation under those provisions.
(5) If any person having interest in land in respect of which a
notiie is issued ui~derthis section claiins that by the reason of the
~ompliancewith the notice, t l ~ 1and;svill
e becoine incapable of reasonably .
 1966 :Mah. XXXVII] ~Vnhal-asht~.ct
Regional nlld Tow11
- Plnnni~zgAct, 1966
benkficial use, he may within the period specified in the notice or
within such period after the disposal of the appeal, if any, filed under
sub-section ( 2 ) and ir: the manner prescribed; seive on the State
Government a purchase notice requiring his interest in the land to
be acquired; and thereupon, the provisions of section 49 for dealing
with a purchase notice shall so far as -can be made applicable, apply
a s they apply to a purchase notice under that section.
57. Any expenses incuired by a Planning Authority under sect.i.ons Recovery of
53; 54, 55 and 56 shall be a sum due to the Planning Authority, expenses
under this Act from the person in default or the owner of the plot. incurred.
58. ( 1 ) When any Government intends to carry out development

.,
Develop-
of any land for the purpose of any of its departments or officer or ment
undertaken
authorities, the oficer incharge thereof shall inform in writing the behalf
Planning Authority the. intention of Government to do so, giving full G,,~,,-
particulars thereof, and accompanied by such documents and plans ment.
as may be prescribed a t least thirty days before undertaking such
development.
1 (2)Where a Plailnirlg Authority raises any objection to the prt~poscd
I
dcveiopment on the gl-ou~ldthat the development is riot in coniornlity
, with the provisions either of any Development plan under preparation
I or of any building bye-laws in force for the time being, or for any
I- other material consideration, the officer shall-
(i) either nmke necessay m&cations in the proyjosals for develupmei~t
to meet the objections raised by the M h g Authority, or
(ii) submit the proposals for development together with the
objections raised by the Planning Authority to the State Government
for decision.
- -.- --
( 3 ) The State Government, on receipt of the prbposals f5r
development together with the objections of the Planning Authority
shall, in consultation with the Director of Town Planning, either
approve the proposals with or without modification or direct the
officer to make such modifications in the proposals as it considers
necessary in the circumstances.
[(3A) T1-s development propqsals approved by the State Goverfimenf;
clilder sub-sect.ion ( 3 ) shall. re1nair.r ill force for a psr.iod of one year
horn the date of grar?-t .of such approval, and t.hereafter it shall l a p e :
Provided that., the OfKficer in charge cf the developmeat may apply
undt:r intimati011 to the Plarifiii~giiuthori?: -Lo the Stat? Gcr~erninei~t~
for exjxnsion of such period ; arid thi?r~ilpon~ l l eS.iat.2 G~~verarnenl;
may extend such p.2ric.d from y-cni- t~ year ; but such extel~dcdperiod
shall iu no case exceed three years :
Provided further that, such' lapse shall not bar any subseyuent.
application by ihe officer in charge of the development, for fresh
a p p r o ~ ~ atol the development under the preceding sub-sections.]
1

(4) The provisions of sections 44, 45 ?[and 47 shallnot, and section

4-6 shall, mz~tatis?:zutn:zdis and section 48 shall, a s ~nodifiedby sub-
- section (3A),] apply to deveicjjmect carried out under this sectim.
was inserted by I v ~ ~ 39
: S~tb-scction(.3A) I . r,f 1994, s, 14(n).
These words figures and brackets were sllbstitiltcd ior thc figxres and wcrds
"46, 47 and 48 shall r.iotS, tbid., s. 14(bj.
 .1C?!~oyqnvSuruueld ax[? JO axao peay ayq ?E s-~noyalqeuossal [la 7-e
xlqnd ay7 JO uo!q:,adsn! aqq 09 uado aq l ~ e q sI I F ayq
~ ~ 30 bdc:, v (c)
~ ~ ':?1oq~.rc\3ap .""1aT13"
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f joalay? 2 n d
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juamdolanaa leurj aqq UI s i ~ s o d o ~aqq -amaqJs
Su!~uauraldur!jo asodcnd aq? .IOJ dew i(i!JoGng %ufuueIde ( a ) Srr~uue~d
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S3N3H3S 3MNNVId AWOL
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 1966 :Mah. XXXVII] Mahslrashtra Regional rirld Town
Plarlnirlg Act, 1966
-
61. ( 1 ) Not later t h a n twelve months fiom the date of the Making and
publication
declaration, subject, however, to sub-section (3)the Planning Authority of
shall, in consultation with the Director of Town Planning, make scheme 4[by
a draft scheme for the area in respect of which the declaration was of
made, '[and publish a notice in the Official Gazette, and in such other notice].
manner a s may be prescribed stating that the draft scheme in respect
of such area has been made. The notice shall state the name of
the place where a copy thereof shall be available for inspection by
the public and shall also state that copies thereof or any extract
therefrom certified to be correct shall be available for sale to the
public a t a reasonable price.]
(2) If the Planning Authority fails to 2[make a draft scheme and
publish a notice regarding its making] within the period specified
in sub-section (1) or within the period extended under sub-section
(31, the declaration shall lapse, unless the State Government appoints
a n Officer to prepare 3*** and submit the draft scheme to the State
Government on behalf of the Planning Authority not later than twelve
months from the date of such appointment or the extended period
under sub-section (3); but any such lapse of declaration shall not debar
the Planning Authority from making a fresh declaration any time
in respect of the same area.
(3) The State Government may, on application made by the Planning
Authority or, a s the case may be, the officer, from time to time
L
by notification in the Official Gazette, extend the period specified in
sub-section (1) or (2) by such period not exceeding six months as
lnay be specified in the notification.
62. If a t any time before a draft scheme is prepared and submitted Inclusion of
additional
to the State Government for sanction, the Planning Authority or the area in
officer is of the opinion, or on any representation made to it or draft
him that a n additional area be included within the said scheme, the scheme.
Planning Authority or the officer may, after informing the State
Government and giving notice in the Official Gazette, and also in
one or more local newspapers, include such additional area in the
scheme; and thereupon, all the provisions of sections 59, 60 and 61
shall apply in relation-to such additional area as they apply to any
original area of the scheme and the draft scheme shall be prepared
fbr the original area and such additional area and submitted to the
State Government. for sanction.

. I This portion was substituted for the portion beginning with "and publish" and ending
with ."for sanction", by Mall. 6 of 1976., s. 22(1).
These words were substituted for the words "make and publish such draft scheme", ibid.,
s. 22 (?,)(a).
-
Q
-' The word "publish" \\!as deleted. ibkl., s. 22(2)(b).
' These words \vcre added, ibid., s. 32(3).
46 Mnhnrcrsl~trnRegionnl ailcl Tow11 [I966 :MA. =I
Plc~iltlitlg Act, 1966
Power of 63. ( 1 ) Notwithstanding anything contained in this Act, the State
State
Govern- Government may, in respect of any Planning Authority after making
rnent to such inquiry a s it deems necessary, direct that A u t h ~ r i t yto make
require I* :s :g *
and submit for its sanction, a draR scheme
Planning
Authority in respect of any land in regard to which a town planning scheme
to make may be made 2[after a notice regarding its m a h n g has been duly
scheme. published in the prescribed manner.]

(2) If the Planning Authority fails to make the declaratioil of

intention to make a scheme within three months from the date of
direction made under sub-section ( I ) , the State Government nlay by
notification in the Official Gazette, appoint an officer to make
3 2:
and submit the draft scheme for the land to r;he State
Government 4[after a notice regarding its making has beer, duly
as aforesaid] and thereupon the provisions of sections 60,
61 and 62 shall', as far as may be applicable, apply to the ~nalring
of such a scheme.
Contellts of 64. A draft scheme shall contain the following particulars so far *
draft
schelr~e 3 s may be necess;iq7, t h s t iq to :;ay:--
C

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

( b ) reservation, acquisition or allotrne~ltof land required under
sub-clause ( i ) of clause ( b ) of section 59 with a general indication
of the uses to which such land is to be put and the terms and
conditions subject to which, such land is to be put to such uses ;
( c ) the extent to which it is proposed to alter the boundaries
of' the original plots by reconstitution ;
( d ) a n estimate of the total cost of the scheme and the net
cost to be borne by the Planning Authority;
(e) a full description of' all the details of the scheme with respect
to such matters referred to in clause ( b ) of section 59 a s may
be applicable ;
(f! the 1:ayingout or re-laying o z t of land either vacant or already a
bqilt U ~ T including
L areas c.f cc.ri~j~rel^~ensivedevelop~xlent; 1
7
ig) the filling up c~ i-eclamatir~r:c.f low lying sir~rainp
or uz~hea!tliy q

areas or leveliing u p of lzxld ;

I

i i - 65. ( 1 ) Ili the draft scheme, the size ttnd shape cf every
plot- reconstituted plot-shali be deiertnined, so far as may be, to render
it suitable for-building purposes, and where a plct is already built
upon, tc ensure that the b-crildings a s f i r as possible comply with
the provisions of the. scllerne as regards open spaces.
.

The words "cnd publish in the prescribed manncr" were deicred by Mah. 6 of 1976,
.r. 23(c).
7 ..
- I l:csc words wrrl: ai!clctl: ibi~l. . .
'The uoids "and ~~uhlist:.'wcrc delered. ibid.. s. 23(bj.
' 'T!leje ;vo~-cis:\:ere ii15ei;cJ. i,!)icl.. .A,. ?3(51.
1966 : %%dl.
XXWI] it4ofrclrusi~rrtcRegiorrnl 31:d TOIVK
Pl(!rrni~rgAct, 1966
(2) For the purpose of sub-section ( I ) , a s draft scheme may contain
propqs als-
( a ) to form a final plot by reconstitution of an original plot by
alteration of the boundaries of the original plot, if necessary ;
( b ) to form a final plot from a n original plot by the transfer
wholly or partly of the adjoining lands ;
(c) to provide, with the ~ ~ n s e of
n tthe owners, that two or more
original plots each of which is held in ownership in severally or
in joint ownership shall hereafter, with or without alteration of
boundaries be held in ownership in common as a final plot;
( d ) to allot a final plot to any owner dispossessed of land in
furtherance of the scheme; and
( e ) to transfer the ownership of an original plot from one person
to another.
66. Where under sub-clause (i) of clause ( b ) of section 59 the Compensa-
purposes to which the buildings or areas may not be appropriated tion for
or used in pursuance of clause (nz) of section 22 have been specified, discontinu-
then the builciing o r area shall cease to be used for a purpose other use.
of .,,,
than the purposes specified in the scheme withill such time as may
'be specified in the final scheme, and the person affected by this
provision shall be entitled to such compensation from the Planning
Authority as may be determined by the Arbitrator:
Provided that, in ascertaining whether compensation be paid, the
time within which the person affected was permitted to change the
user shall be taken into consideration.
67. If within thirty days from the date of the '[publication of notice Objections
regarding the preparation of the draft scheme], any person affected to draft
scheme to
thereby communicates in writing any objection relating to such be consid-
scheme, the Planning Authority, or the officer appointed under sub- ered.
section (2) of section 61 or section 63 shall consider such objection
and may, a t any time before submitting the draft scheme to the
State Government as hereinafter provided, modify such scheme a s
it or he thinks fit.
68. (1) The Planning Authority or, as the case may be, the officer Power of
aforesaid shall, not later than six months "from the date of the State
Govern-
publication of the notice in the Official Gazette, regarding the making ment to
of the draft scheme], subinit the same with any modifications which sanction
it or h e may have made therein together with a copy of objections
received by it or him to the State Government, and shall a t the Scheme.
same time apply for its sanction.
(2) On receiving such application, after making such .inquiry' a s
it may think fit and consulf'ing the Director of Town Planning, the
State Government may, not later than six months from the date
. .
' These words were substituted for the words "publication of a draft scheme" by Mah.
6 o i 1976, s. 24.
These words w e r substituted for rhe words "from the date of the of the
draft scheme i n the Offi~irial Go:errc," ;Did., s. 3 5 ( 1 )
 Mahar-ashtr-a Regior~alar~dTOWII 11966 : Ma!.1-
PIa~~r~irlgAct, 1966
of its subm.ission, by notification in the Official Gazette, or not later
than such further time as the State Government may extend, either
sanction such draft scheme with or without modifications and subject
to such conditions as it may think fit to impose or refuse to give
sanction.
(3) If the State Government sanctions such scheme, it shall in
such notification state at what place and time the draft scheme shall
be open to the inspection of the public '[and the State Government
shall also state therein that copies of the scheme or any extract
therefrom certified to be correct shall on application be available for
sale to public at a reasonable price.]
Restrictions 69. ( 1 ) On or after the date on which a declaration of intention
On and
develop-
to make a scheme is published in the Official Gazette-,
ment bf
land after ( a ) no person shall within the area included in the scheme,
declaration institute or change the use of any land or building or carry out
for town any development, unless such person has applied for and obtained
scheme.
the necessary permission which shall be contained in a
commencement certificate granted by the Planning Authority in
the prescribed form ; .. -
. ( b ) the Planning Authority on receipt of such application shall
a t once furnish the applicant with a written acknowledgement of
its receipt, and
( i ) in the case of a Planning Authority other than a municipal
corporation, after inquiry and where an Arbitrator has been
appointed in respect of a draft scheme after obtaining his
approval; or
( i i ) in the case of a municipal corporation, after inquiry,
may either grant or refuse such certificate, or grant it subject
to such: conditions as the Planning Au.thority may, with the
previous approval of the State Government thinks fit to impose.
(2) If a municipal corporation gives permission under clause ( b )
of sub-section ( I ) , it shall inform the Arbitrator accordingly, and shall
.send him a copy of the plan :
Provided that, a municipal corporation shall not grant a
cornmencement certificate for any purpose which is in conflict with
the provisions of the draft scheme, unless the corporation first obtains
concurrence of the Arbitrator for the necessary change in the proposal
of the draft scheme.
( 3 ) If a Planning Authority communicates no decision to the
applicant within two months from the date of such acknowledgment,
the applicant shall be deemed to have been granted such certificate.
(4) If any person contravenes the provisions contained in clause
( a )or clause ( b ) of sub-section ( I ) , the Planning Authority may direct
such person by notice in writing to stop any development in progress,
and after making inquiry in the prescribed manner, remove, pull
' This portion was added by Mah. G of 1976, s. 25(2).
* 1966 :Mah.XXXVII] Mnhnrashtra Regional nrzd Town
Pla~tnirzgAct, 1966
down or alter any building or other development or restore the land
in respect of which such contravention is made to its original
condition.
(5) Any expense incurred by the Planning Authority under sub-
section (4) shall be a sum due to the Planning Authority under this
Act from the person in default or the owner of the plot.
' [ ( 6 )The provisions of Chapter IV shall, mutatis mutandis apply
in relation to the development and use of land included in a town
planning scheme i n . s o . far as they are not inconsistent with the
provisions of the Chapter.]
(7) The restrictions imposed by this section shall cease to operate
in the event of the State Government refusing to sanction the draft
scheme or the final scheme or in the event of the withdrawal of
the scheme under section 87 or in the event of the declaration lapsing
under sub-section ( 2 ) of section 61.
70. ( 1 ) Where a Planning Adthority has published a declaration Power of
under section 61 the State Government may, on an application of F,"tzrn-
the Planning Authority by order published in the Official Gazette, ,t to
suspend to such extent only as may be necessary for the proper suspend
rule, bye-
carrying out of the scheme any rule, bye law, regulation, notification law, etc.
or order made or isssued under any law which the Legislature of
the State is competent to amend.
( 2 ) Any order issued under sub-section ( 1 ) shall cease to operate
in the event of the State Government refusing to sanction the
scheme, or in the event of the withdrawal of the scheme under section
87 or in the event of the coming into force of the final scheme or
in the event of the declaration lapsing under sub-section (2) of
section 61.
71. ( 1 ) Where there is a disputed claim as to the ownership of Disputed
ownership.
any piece of land included in an area in respect of which a declaration
of intention to make a town planning scheme has been made and
any entry in the record of rights or mutation register relevant to
such disputed claim is inaccurate or inconclusive, a n inquiry may
be held on an application being made by the Planning Authority or
the Arbitrator a t any time prior to the date on which the arbitrator
draws up the final scheme under clause (xviii) of sub-section ( 3 ) of
section 72 by such officer a s the State Government may appoint for
the purpose of deciding who shall be deemed to be owner for the
purposes of this Act.
( 2 ) Such decision shall not be subject to appeal but it shall not
operate . a s a bar to a regular suit.
(3) Such decision shall, in the event of a civil court passing a decree
which is inconsistent therewith, be corrected, modified or rescinded
in accordance with such decree as soon a s practicable after such
Sub-section ( 6 ) was substituted for the original. by Mah. 6 o f 1976, s. 26.
TT r r - - -
 Maharasktra Regional and Town [1%6 :Mah. XWM3
Planning Act, 1966
decree has been brought to the notice of the Planning Authority
either by the Civil Court or by some person affected by such decree.
(4) Where such a decree of the Civil Court is passed, after final
scheme has been sanctioned by the State Government under section
86, such final scheme shall be deemed to have been suitably varied
by reason of such, decree.
( b ) the Arbitrator and the Tribunal of appeal.
Arbitrator ; 72. (1) Within one month from the date on which the sanction
his powers
and duties. of the State Governments to the draft scheme is published in the
Oficial Gazette, the State Government shall for purposes of one or
more planning schemes received by it for sanction appoint ,any person
possessing such qualifications as may be prescribed to be an Arbitrator
with sufficient establishment and his duties shall be as hereinafter
provided.
(2) The State Government may, if it thinks fit at any time, remove
for incompetence or misconduct or replace for any good and sufficient
reason an Arbitrator appointed under this section and shall forthwith
appoint another person to take his place and any proceeding pending
before the Arbitrator immediately before the date of his removal or
replacement shall be continued and disposed of by the new Arbitrator
appointed in his place.
(3) In accordance with the prescribed procedure, every Arbitrator
shall,-
(i) after notice given by him in the manner define,
demarcate and decide the areas allotted to, or reserved, for 'the
public p.urpose or purpos.es of the Planning Authority, and also
the final plots ;
(ii) after notice given by him in the prescribed manner, decide
the personor persons to whom a final plot is to be allotted; when
such plot is to be allotted; and when such plot is to be allotted
to persons in ownership iri common, decide the shares of such
person ;.
(iii) estimate-the value of and fix the difference between the
values of the original plots and the values of the final plots included
in the final scheme, in accordance with the provisions contained
in clause ( f ) of sub-section ( 1 ) of section 97;
(iv) estimate the compensation payable for the loss of the area
of the original plot in accordance with the provisions, contained
in clause ( f ) of sub-section ( 1 ) of section 97 in respect of any
original plot which is wholly acquired under the scheme;
( v ) determine whether the areas allotted or reserved for the
public purpose or purposes of the Planning Authority are beneficial
wholly or partly to the owners or residents within the area of
the scheme;
' 1966 :Mah. XXXVIrl Maharaslztra Regional arzd Towrz
Planning Act, 1966
( v i ) estimate the proportion of the sums payable as compensation
of each plot used, allotted or reserved for the Iiublic purpose' or
purposes of the Planning Authority which is beneficial partly to
the owners or residents within the area of the scheme and partly
to the general public, which shall be included in the cost of the
scheme;
( v i i ) determine the proportion of contribution to be levied on
each plot used, allotted or reserved for a public purpose or purposes
of the Planning Authority which is beneficial partly to the owners
or residents within the area of the scheme and partly to the general
public ;
( v i i i ) determine the amount of exemption, if any, from the
payment of the contribution that may be granted in respect of
plots or portions thereof exclusively used or occupied for religious
or charitable purposes at the date on which the final scheme is
drawn up under clause ( x v i i i ) of this sub-section ;
(ix) estimate the value of final plots included in the final scheme
and the increment to accrue in respect of such plots in accordance
with the provisions of section 98 ;
( x ) calculate the proportion in which the increment in respect
of the final plots included in the final scheme shall be liable to
contribution to the cost of the scheme in accordance with the
provisions contained in section 97 ;
(xi)' calculate the contribution to be levied on each final plot
included in the final scheme ;
( x i i ) determine the amount to be deducted from or added to,
as the case may be, the contribution leviable from a person in
accordance with the provisions contained in section 100 ;
(xiii) provide for the total or partial transfer of any right in
an original plot to a final plot or provide for the extinction of
any right in an original plot in accordance with the provisions
contained in section 101 ;
-.. . .
7.
.-:-...
( x i v ) estimate the amount of compensation payable under .. . ,
section 66 ; \ I

(xu) where a plot is subject to a mortgage with possession o

a lease, decide the proportion of compensation payable to or ;
contribution payable by the mortgagee or lessee on one hand and
the mortgagor or lessor on the other;
( x v i ) estimate in reference to claims made before him, after the
notice given by him in the prescribed manner, the compensation . .
to be paid to the owner of any property or right injuriously affected
by the making of a town planning scheme in accordance with the
provisions contained in section 102 ;
 Maharaslrtra Regional. and Town [1%6 :Mah. XXXVII
Planning Act, 1966
(xvii) determine the period in which the works provided in the
scheme shall be completed iythe planning Authority;
(xviii) draw in the prescribed form the final scheme in accordance
with the draft scheme :
Provided that-
(a) he may make variations from the draft scheme;
(b) he may with the previous sanction of the State Government
after hearing the Planning Authority and any owners who may
raise objections make substantial variations in the draft scheme.
Explanation.-For the purpose of sub-clause (b) of this proviso,
66substantialvariation" means increase in the total cost of the draft
scheme by more than 20 per cent. or two lacs of rupees whichever
. is higher, on account of the provision of new works or the reservation
of additional sites for public purposes included in the final scheme
drawn up by the Arbitrator.
(4) The Arbitrator shall decide all matters referred to in sub-section
'
( 3 )within a period of twelve months from the date of his appointment ;
and in the case of an Arbitrator appointed under the Bombay Town Born-
Planning Act, 1915 or a Town Planning Officer appointed under the I1915. of

Bombay Town Planning Act, 1954 (whose appointment is continued ~KVII Born-
under section 165), within a period of twelve months from the date of
of commencement of this Act: 1955.

Provided that, the State Government may, if it thinks fit, whether

the said period has expired or not, and whether all the matters
referred to in sub-section (3) have been decided or not, extend from
time to time by a notification in the Official Gazette, the period for
deciding all the matters referred to in that sub-section (3) or any
extended period therefor.
Certain 73. Except in matters arising out of clauses (iv) to (xi) both
decisions of
Arbitrator inclusive, and clauses (xiv), (xu) and (xvi) of sub-section (3) of section
to be final. 72, every decision of the Arbitrator shall be final and conclusive and
binding on all parties including the Planning Authority.
Appeal. 74. (1)Any decision of the Arbitrator under clauses (iv) to (xi),
(both inclusive) and clauses (xiv), (xu) and (xvi) of sub-section (3) of
section 72 shall be forthwith communicated to the party concerned
including the Planning Authority; and any party aggrieved by such
decision may, within two months from the date of communication
of 'the decision, apply to the Arbitrator to make a reference to the
Tribunal of Appeal for decision of the appeal.
(2) The provisions of sections 5, 12 and 14 of the Indian Limitation 36 of
1963.
Act, 1963 shall apply to appeals submitted under this section.
 1966 :Mah.XXXVIT] Maharashrra Regional ntrd To~vll
Plarvlirlg Act, 1966
75. ( 1 ) The Tribunal 'of Appeal shall consist of a President and Constitu-
tion of
two Assessors. Tribunal of
(2) The President shall- Appeal.
( a ) in Greater Bombay, be the Principal Judge of the I3ombay City
Civil Court or such other Judge of the said Court as may be appointed
by the State Government on the recommendation of the Principal
Judge; and
( b ) elsewhere, be the District Judge or the Civil Judge of the 'Senior
Division as may be appointed by the State Government on the
recommendation of the District Judge :
Provided that, the State Government may, if it thinks fit, appoint
as President any person who has held the post (i) ifi Greater Bombay
of a h d g e of the High Court or of the Bombay City Civil Court,
and (ii) elsewhere of a Judge of the District Court.
(3) The President shall appoint fit and proper persons as Assessors,
who shall as far as possible have knowledge, or cxperiencc of town
planning, valuation of land or civil engineering.
( 4 ) The President and the Assessors shall be appointed members
of the Tribunal of Appeal for such period as may be required by
such Tribunal t o decide an appeal made against the decision under
clauses (iu) to (xi) (both inclusive), and clauses (xi), ( x u ) and Ixvi)
of the sub-section (3) of section 72.
(5) The State Government may, if it thinks fit, remove for
incompetence or misconduct or any other good and suficient'reason
any Assessor appointed under sub-section (3).
(6)If any Assessor is removed or dies or refuses or neglects to
act or becomes incapable of acting, the President shall appoint
forthwith a fit and proper person to take the place of such Assessor.
76. ( 1 ) The Arbitrator shall be present at the proceedings before Arbitrtor to
the Tribunal of Appeal. He shall not be required t o give evidence assist
Tribunal in
in such proceedings but the President may require him to assist the advis,ory
Tribunal in an advisory capacity. capacity
his
(2) Where the Arbitrator is required under sub-section ( 1 ) to assist and
remunera-
the Tribunal of Appeal, he shall, save where he is a salaried officer tion.
of Government, be entitled to such fees as the State Government
may from time to time determine.
77. The Tribunal of Appeal may sit either at the headquarters Place
of the President or at any other place within the local limits of his where
Mbunal
jurisdiction which he may deem convenient for the consideration and may sit.
decision of any matter before such Tribunal.
.- '78. All questions of law and procedure shall be decided by the Decision of
President. All other questions shall be decided by the President and P,"?::
the tls.ro Assessors or by a majority.
i. other
questions.
 Maharnslrtra Regional a d Tolvtr [I966 : M A -1
PIorztl ing A c!, 1966 '
Powers of 79. ( I ) The Tribunal of Appeal shall, after making such inquiry
Tribunal to
decide as' it may think 'fit, decide all matters arising out of clauses (iu) t o
matter (xi) ( b o t h inclusive) and clauses ( x i ) , ( x u ) and ( x u i ) only of sub-
Tia1Iy.
section(3) of section 72 in respect of appeals referred to the Tribunal;
and may either confirm the proposals of the Arhitrator or direct him
where necessary t o reconsider, vary or modify his proposals only in
respect of such matters aforesaid.
( 2 ) Every decision of the Tribunal of Appeal shall be final and
conclusive and - binding on all persons and parties including the
Planning Authorities.
Tribunal 80. ~ o t h i contained
n~ in this Act shall be deemed to constitute
"Ot to be the Tribunal of Appeal to be a Court.
Court.
Remunera- 81. - ( I ) The President and the Assessors shall, save where they
tion of
Arbitrator are salaried Government Officers, be entitled to such remuneration,
and either by way of monthly salary or by way of fees or partly in one
way and partly in the other., as the State Government may, from
atlrl
pnytnent or time t o tirnc, decide :
incidental
expenses of Provided that;, in exceptional cases where the scheme is a large
one or the work involved is complicated, the 'State Government may
authorise the President and the Assessors, even if they'aresalaried
Government Officers to receive such special salary or remuneration,
as the State Government may, by order, decide from time t o time.

(2) The salary of the President of t h e Tribunal of Appeal or an

Assessor who is a salaried Government Officer, aild any remuneration
payable. under sublsection (1) of this section and fees payable t o an
Arbitrator under sub-section (2) of section 76 and all expenses incidental
t o the working ,of the Tribunal of Appeal shall,. unless the State
a v e r m e n t otherwise determines, be defrayed out of the funds of
the Planning Authority &d shall be added t o the cost of the scheme.
Decision of 82. ( 1 ) Where no appeal has been made under section 74,the
Arbitrator
ha] decisions of the Arbitrator under clauses (iv) t o (xi) and clauses (xiv),
in certain (xu) and (mi) of sub-section (3) of section 72 shall be final and binding
matters.
on the parties.

( 2 ) The Tribunal of Appeal shall send a copy of its decision in

appeal t o the Arbitrator who shall then, where necessary, make
variation in the scheme in accordance with such decision and may
also rectify such errors or omissions, if any, as may have been
brought to his notice after publication of the final scheme as drawn
up by him under clause (xviii) of sub-section (3) of section 72; and
the Arbitrator shall fonvard such final scheme together with a copy
of his decisions under section 72 and a copy of the decision of the
Tribunal of Appeal in appeal t o the State Government for the sanction
of the final scheme.
1966 :M a h m Malurrash~raRegional and Town
Platining Act, 1966
83. ( 1 ) W h e r ~a Planning Authority thinks that, in the inkrest Possession
of land in
of the public, it is necessary to undertake forthwith any of the works advance
included in a draR scheme for a public purpose, the Planning town
Authority shall make an application through the Arbitrator to the plmi"g
scheme.
State Government to vest'in it the land (without any building)- shown
in the draft scheme.
(2) The State Government may, if satisfied that it is urgently
necessary in the public interest to empower the Planning Authority
to enter on such land for the purpose of executing any of such works,
direct the Arbitrtor, by notification in the Official Gazette, to take
possession of the land, or may, after recording its reasons refuse
to ,make a i y such direction :
Provided that, no such direction shall be made without the Arbitrator
giving a hearing t o - any person or Planning Authority affected by
such direction, and considering the report of the Arbitrator in that
behalf.
( 3 ) The Arbitrator shall Lhen givc a notice in the prescribed
manner to the person interested in the land the possession of which
'
is to be taken by Arbitrator requiring him to give possession of his
land to the Arbitrator or any person authonsed by him in this behalf
within a period of one month horn the date of service of notice ;
and if no possession is delivered within the period specified in the
notice, the Arbitrator shall take possession of the land and shall
handover the land to the Planning Authority. Such land shall thereupon,
notwithstanding anything contained in this Act, vest absolutely in
~ from all encumbrances.
the Planning ~ u t h o r i tfkee
84. (1) If the Arbitralor is opposed or impeded in taking possession Commis-
of the land, under section 83, he shall request the Commissioner sioner of
Police or
of Police, or as the case may be the District Magistrate to enforce Magistrate
the delivery of possesion of the land to the Arbitrator. The to enforce
Commissioner or the District Magistrate, as the case m a y be, shall delivery of
take or cause t;o be taken 'such steps and use or cause to be used possession
such force as may be reasonably necessav for securing the delivery of land.
of .possession of the land to the Arbitrator.
( 2 ) For the avoidance of doubt, it is hereby declared that the power
to take steps under sub-section ( 1 ) includes the power ta enter upon
any land or other property whatsoever.
85. (1) Where possession of land is taken by the Arbitrator under Owner of
section 83 or 84, the person interested in such land shall be entitled land or
which
to interest at the rate of 4 per cent. per annum on the amount possession
of compensation payable to him under the final scheme in respect is taken
of the said land from the date on which such possession is taken entitled to
till the date on which amount of compensation is, paid to him by interest.
the Planning- Authority.
( 2 ) The Planning Authority may, at the request of the person
interested, pay after .consulting the Arbitrator, an advance as provided.
in sub-secction (3) of section 129.
56 Regiorlal
Mal~nrcrslttr~ rrttd tow^ 11966 :Mah. =I
Act,
PIcr~lr~ilrg 1966
Sanction by 8 .( I ) The State Government may, within a period of f ~ u r
State months from the date of receipt of the final scheme under section
Governm-
merit t o 82 from the Arbitrator or within such further period as the State
final Government may extend, by notifiction in the Official Gazette, sanction
scheme.
the scheme or refuse to give such sanction provided that, in sanctioning
the'scheme the State Government may make such modifications as
may in its opinion be necessary, for the puposes of correcting an
error, irregularity or informality.
(2) If the State Governmcnt sanctions such scheme, i t shall state
in the notification-
(a)the place at which the final scheme is kept open to inspection
by the public ][and also state therein that copies of the scheme
o r extracts therefrom certified to be correct shall, on application,
be available for sale to the public at a reasonable price];
(b) a date (which shall not be earlier than one month aRer the
date of the publication of the notification) on which a11 the liabilities
created by the schcrne shaIl take effect and the final scheme shall
come into force :
Provided that, the State Government may, fi-om time t o time,
postpone such da be, by notification in the Official Gazette, by such
period, not exceeding three months at a time as it thinks fit.
(3) O n and after the date fixed in such notification, a town planning
scheme shall have effect as if it were enacted in this Act.
Withdrawal 87. ' ( 1 ) If at any time before the final scheme is forwarded by
of scheme. the Arbitrator to the State Government, a representation is made
t o the Arbitrator by the Planning Authority and a majority of the
owners in the area that the scheme should be withdrawn, the
Arbitrator shall, after inviting from all persons interested in the
scheme objections to such representation, forward such rcprcsentation
together with the objections, if any, to the State Government.
(2)ARer making such inquiry as it may think fit,*'the State
Government may, by notification in the Official Gazette, direct that
'the scheme shall be withdrawn; and upon such withdrawal no further
-proceedings shall be taken in regard to such scheme.
Effect of 88, On and after the day on which a final scheme comes into
scheme.
fmc-
(a)all lands required by the Planning Authority shall, unless
it is otherwise determined in such scheme, vest absolutely in the
Planning Authority free from all encumbrances;
( b ) all rights in the original plots which have been reconstituted
shall determine and the reconstituted plots shall become subject
.

I
t o the rights settled by Arbitrator; .

(c) the Planrling Authority shall handover possession ofthe final

plots to the owners to whom they are allotted in the final scheme.
Thcsc words were added by Mah. 6 of 1976, S. 27.
 . . . . . . . -

1966 :Mak XXXVifl ~&urushrraRegio~laland Town 57

. .

8~ Plar~nirtgAct, 1966
- .. : , . , (c) Enforcement
of Schemes
,

:a
.
I I .

I 89. (1')'Onand after thk day on which final scheme &mes into Pow; OI
force, any person continuing to occupy any land which he is not Pl-hg
Authority
entitled to occupy &der the final scheme may, in -accordance with evid
the prescribed procedure be summarily evicted by the Planning summarily.
Authority or any of its officers authorised in that behalf by that
Authority. . .

( 2 ) If the Planning Aiithority is opposed' or impeded in evicting

such person or taking possession of the land from such person, the
. Commissioner of Police, or as the case may be, the District Magistrate
shall at the request of the planning Authority enforce the eviction
of such person or secure delivery of possession of the land to the
Planning ~ u t h o r i at s~ may be necessary.
90. (11 On and after day on which a final scheme comes into force, Power to
the Planning ~ u t h o r i t ymay, after giving the prescribed' notice and scheme.
in accoxdance with the provisions of the scheme,-
(u) .remove, pull down or' alter any building or other work in
the area 'included in the scheme which is such as to contravene
, the scheme or in the erection of which or carrying out of which,
any provision of the scheme . has
. not been complied with;
( b ) execute any work which it is the duty of any person to
execute under the scheme, in any case where it appears ta the
PlanningAuthority that delay in the execution of the work would :
prejudice the 'efficient .operation of the scheme.
-
(2)Any expenses incurred by the Planning Authority under this
section may be recovered from the person in default or h m the owner
of the original plot in the manner provided for the recovery of sums
due to the Planning Authority under the provision of this Act.
(3) If any action taken by the 'planning~ u t h o r i tis~ questioned,
the matter shall be referred to the State Government or any officer
authorised by the State Government in this behalf; and the decision
of the State Government or of the oEcer, as the case may be, shall
- be final an&+conclusiveand binding on all persons.
(dj Variation of Schemes
91. (1) IfaRer the final schemehas come into force,-the planning Power to
Authority considers that the scheme i s d6fective on account of an ::Erne
on
error, irregularity or informality or that the scheme needs variation pound of
or mddification of a minor nature,.,.
the Planning Authority may apply error,
in writing to the State Government for variation of the scheme. W ,,l,,for-
arity
. . mality, .
 '62 'S
'9~61309 PI^ K q ,,pays!~qnd,,p ~ a ow JOJ
~ pgn:!lsqns alafi s p l o a~ s a u ,
., '(PI8Z .
.s '-p!q! .,,uo!le!Jen IJFJP e JO uo!1~3!lqnd,,s p ~ o waql JOJ palnylsqns warn sp~om-asayL ,
' ( 1 ) g ~ :s '.p!q! 'pappe sam u o ! l ~ o d s!rl~.
,
'tq)8Z 'S '-p!q! ',.pays!lqnd uoqcpzn I J W ~a u , worn aqi JOJ pa~nlpsqnsalam s p o m ,
- ( ~ ) 8 2'S ' 9 ~ 6 1JO 9 '4ew rCq ,,Jauueur paqp~suda41
u! uoyeyen q3ns JO y u p c ils!lqnd pue,, splom ayl 101 palnl!lsqns. slam sp~omasaqL ,
. U O ~ ~ E ayq
~ A u o y x m s oq a s q a x (3)
JO f s u o ~ ~ s ~ y ; p7noqqFM
o u ~ 10 q q n h u o q ~ ayw ~h ~~q j u e s(9.
- I U O F ~ ~ U E S103 $ U ~ ' I X X Z L ~ ~ A ~ qqs:
ayq oq pw-qns anray=rs q p ; r p .e a z a h $1 s-e '8~p~p-m
-
V E y3ns ~ 07 lC~dds'aq &UI ss -3 os -'pqs ;raqd-eq~s x
qjo
s u o r s y o ~ dayq uodna~aylp m ' ~ q ~ q r q xmv 7 ~ 0 d d in)~
-11qr;royqnv Syutre~d aqq q joa~ay?Ado2 . w
1
puas pue ' ~ U ~ U I I qqs ~ ~ 07 u o r g l e ~
I J ~ aqq yans
~ g suo!q3?fqo
' syy SUI~CEM LEU
TI! a ~ e ~ i r ~ n u . 1 ~ 1 0 3 Lqa~aqq pa73ap aossad
6us ' [ud!q=!~sa 3J~iP j o u o i q ~ ~ e d aB~ud~ p m S aa~q o u aqg j o
uo!qeaqqnd], aqg JO q e p ayq JO ~ u o auo' u ueqq lalei ?ON (5)
[.aa!~dalqeuossaJ: E 1.e q q n d aqq 07 aps JOJ aIqq!mv aq lpys
vauo:, aq g p a y y a 3 uroyaxaqq p E q x a LUE JO uoqleuen gerp qans 30
sa~doapm], s m o y a3go %imp Lquoy~nv Supu-~ld aqq j o a q o ay7 78
a!~qnday? 30 u o ? ~ ~ a d say7
u r WJ uado aq Ileqs u o p t ? F np ~ q p (P) '
 1% :M a h . m U Mahararhfru Regiotral mtd Towtr
Acr, 1966
Pln~~~lirrg
to vary the scheme shall, for the purposes of sections 69,
70, 97, 98 and 100, be deemed to be the date of declaration
of intention to make a scheme referred t o in those sections.
93. In the event of a town planning scheme being withdrawn Apportion-
or sanction to a final scheme being refused by the state costment of
of
Government, the State Government may direct that the costs
of the scheme shall be borne by the Planning Authority or withdrawn
o r not
be paid to the Planning Authority by the owners concerned, sanctioned.
in such proportion as the state Government may ijn each case
determine.
(el Proceedings before Arbitrator and Tribunal
94. Every party to any proceeding before an Arbitrator Right to
or the Tribunal of Appeal shall be entitled to appear either appes by
recogoised
in person o r by his agent authorised in writing in that behalf. agent.
95. For the purpose of this Act, m officer appointed under Power LO
sub-section ( I ) of section 71 or an Arbitrator or the 'Tribunal "1331'el
attendance
of Appcal may summon and enforce the ,f ,it_
attendance of witnesses including the parties interested or nesses.
any of them and compel them t o give evidence and compel
the production of documents by the s a m e means
and as far as possible, in the same manner as is provided
v or in the case of a c i v i l Court by the Code of Civil Procedure,
1908- l9Q8.

(fl Joint deveZopment plans, and joint town planning

schemes
96. (1) when the State G o v e r i ~ m e or
t two or more Pla&ing Joint
~uthorkiesare of opinion that the interests of contiguous develop-
ment pl=
areas within the jurisdiction of such Planning Authorities and joint
can best be served by the making of a joint developrneqt plan town
or a joint town planning scheme, the State Government shall planning
schemes.
after necessary enquiry constitute a Special PZarining Authority
as provided in section 40.
. .
(2) Such Special Planning Authority, when duly constituted,
-.
I
shall make a 'declaration of the intention t o make a joint
development plan or a joint town planning scheme in respect
of the contiguous areas in the manner provided in section
23 or section 60, as the case may be, and thereafter, the
Special Planning Authority shall have all .the powers and be
liable to. all the duties of a Planning Authority under this
Act and all the foregoirig provisions of this Act in respect
of the procedure to be followed in preparing, publishing and
submitting a developntent plan, or, as the case may be, a town
-- planning scheme for sanction of the State Government shall
apply so. far as m a y be applicable.
 Maharasllrra Regional and Tow11 [I966 :M a k XXXVII
Platrlzing Act, 1966
(3) The joint development plan or the joint town planning
scheme shall specify the' parts of the joint development plan
or the joint town planning scheme t o be executed by the
several Planning Authorities in the several contiguous areas,
and the several parts of the joint development plan or joint.
town planning scheme shall, when the joint development
plan or the joint t ~ w nplanning scheme is sanctioned by the
State Government under section 31 or 86, as .the case may
be, have effect in the several contiguous areas a s if they are
separate development plans o r town planning schemes :
Provided that, a joint development plan, or a joint town
planning scheme m a y be executed partly or wholly by the
two or more Planning Authorities concerned jointly as they
may decide in this behalf- '
( g ) Finance of Schemes
Cost of 97. ( 1 ) The cost of a town planning scheme shall include,-
scheme.
(a)all sums payable by a Planning Authority under the
provisions of this Act which are not specifically excluded
from the costs of the scheme;
(b) all sums spent or estimated to be spent by a Planning
Authority in the making and in the execution of the
scheme, the estimates for works included in the scheme
being made on the date the final scheme is drawn up by
the Arbitrator under clause (xviii) of sub-section (3) of
section 72;
(c) all sums payable as compensation for land reserved
o r allotted for any public purpose or purpose of a Planning
Authority which is solely beneficial to the owners or
residents within the area of the scheme;
(d) such portion of the sums payable as compensation
for and reserved or allotted for any public purpose o r
purpose of- the Planning Authority which is beneficial
partly to the owners or residents within the area of the
scheme and partly t o the general public, as is attributable
to the benefit accruing to the owner or residents' within
t h e area of the scheme from such reservation or allottrnent; 2
.?
( e ) all legal expenses incurred by the Planning Authority z
i
in the making and in the execution of the scheme;
( f ) the amount by which the total of the values of the
original plots exceeds the total of the values of the -plots
included in the final scheme, each of such plots being
estimated at its market value at the date of declaration
of intention to make a scheme, with all the buildings aria
works thereon at that date and without reference t b
improvements c o ~ t e m p l a t e d in the scheme other than
improvements due to the alteration of its boundaries.
(2) If in any case the total of the values of the plots
included in the final scheme exceeds the total of the value
of the original 'plots, each of such plots being estimated in
It
1966 : Mah. m q Mahnraslrrrb Regiartal nnd TOIVII
Plnntring Acr, 1966
the manner provided in clause ( f ) of sub-section ( I ) , then the
amount of such excess shall be' deducted 'in amving at the
costs of the scheme as defined in sub-section ( I ) .
98. For the purposes .of this Act, the increment shall be Calculation
deemed to be the a m o u n t by which at the date of the
increment.
declaration of intention to make a scheme, the market value
of any plot with reference to the improvements contemplated
in the scheme on the assumption that t h e scheme has been
completed would exceed on the same date the m a r k e t value
of the s a m e plot e s t i m a t e d without reference t o s u c h
improvements :
Provided that, in estimating such values, the value of
buildings or other works erected or in the course of erection
on such plot shall not be taken into consideration.
99. (1) The cost of the scheme shall be met wholly or in Contribution
part by a contribution to be levied by the Planning Authority of scheme.
cost
on each final plot included in the final scheme calculated
in proportion tb the irlcre~nentwhich is estimated t o accrue
, in respect of such plot by the Arbitrator :
Provided that-
(i) no such contribution shall exceed half the increment
. estimated by t h e Arbitrator to accrue in respect of such
final plot, subject to the condition that where the total
cost of a scheme exceeded half the total amount of
increments, the proportion of such contribution shall not
-be less than half the increment ;
(ii) no such contribution shall be levied on a plot used,
alloted or reserved, for - a public purpose or purpose of
the Planning Authority, such plot b e i n g . solely for the
benefit of the owners or residents within' t h e area of the
scheme ;
( i i i ) the contribution levied on a plot used, allotted or
reserved for a public purpose o r purposes of the Planning
Authority which is beneficial partly - t o the owners or
residents within the -area of the scheme and partly t o the
general public shall be calculated in the proportion t o the
benefit estimated to accrue to the general public from such
use, allotment or reservation.
(2) The owner of each final plot included in a final scheme
shall be primarily liable for the payment of the contribution
leviable in respect of such plot.
100. The amount by which the total value of final plots Certain
included in a final scheme with all the buildings and G r k s
thereon allotted to the person falls short of or exceeds the
total value of the original plots with all the buildings and
.,
amount
k added , t o
dEducted
from
works thereon of such person shall be deducted from or c6ntribution
leviable
added to, as t h e case m a y be, the contribution leviable from rrom
such person, each or' such plots being estimated at i t s market Derson.
62 Mnharasilfra Regiotral and Towt~ [IPM: M a h XXXYII
Plnnrr illg ACI, 1966
: value at the date of the. declaration of intention to make
a scheme and without reference to improvements contempted
in the scheme other than improvenlents due t o the alteration
of its boundaries.
TransIer OT 101. Any right in an original plot which in the opinion
"ght
original to
of the Arbitrator is capable of being transferred wholly or
.
reconsti. In part, without prejudice Lo the making of a town planning
plot scheme t o a final plot shall be so transferred and any right
or extlnc-
tion of such in an original plot which in the opinion of the Arbitrator
right- is not capable of being so transferred shall be extinguished:
. . Provided that, a n ag-ricultural lease shall not be transferred
from an original plot t o a final plot without the consent of
all the parties t o such lease.
(h) Compensation
Conlpensa- 102. The owner of any property o r right which is injuriously
tion in
rcspect or
anectcd by the making of a town planning scheme shall,
property or subject to provisions of section 101, if he makes a claim
'"ght before the Arbitrator within sixty days of the receipt of the
injuriously
by notice from t h e Arbitrator, b e entitled t o obtained
scheme- compknsation in respect thereof from the' Planning Authority
.or from kyperson benefited or partly from the Planning
Authority and partly from such person as the Arbitrator may
in each case determine.
Exclusion 103. ( I ) No compensation shall be payable in respect of
or limita- any property or private- right of any sort which is alleged
tion of
compensa- to be injuriously-affected by reason of any provisions contained
tion in in the town planning scheme, if under -y other law for the
certain
,,,,,, time being in force applicable t o the area for which such
schcme is made, no compensation is payable for such injurious
affection.
( 2 ) Property or a private right of any sort shall not be
'

deemed to be injuriously affected by reason of arly provision

inserted in a town planning scheme which with a view to
securing the amenity of the area included in such scheme
or, any part thereof, imposes any conditions and restrictions
in regard to any of 'the matters specified in clause ( b ) of
section 64.
Pmvisipn 104. If the owner of an original plot is not provided with
rOr in a final plot in the final scheme or if the contribution to be
which
amount levied frdm him under section 100 is less than the. total
payable to amount to be deducted therefrom under any of the provisions
owner
exceeds of this Act, the net amount of his loss shall be payable to
anlount due him by the plamiing ~ u t h o r i tin~ cash or in such other way
as may be agreed upon by the parties.
 105. (1)If from any cause the total a n ~ o c n twhich would Provision
be due to a Planning Authority under the provisions of e,this
:::s::i~~
Act from the owner of a final plot to be included in the final ,r d,,,~.
scheme exceeds the value- of such plot estimated on the oped p l o ~is
assumption t h a t the scheme has been completed, the arnount
Arbitrator shall, at the request of the Planning Authority, payable by
direct the owner of such plot to make payment to the owner+
Planning Authority of the amount. of such excess.
( 2 ) If such owner fails-t o make such payment within the
prescribed period, the Arbitrator shall, if the Planning
Authority so requests acquire the original plot of such
defaulter and' apportion the compensation among the owner
and other persons interested in the plot on payment by the
Planning Authority of the. value of such plot estimated as
its market value at the date of the declaration- of intention
to make a scheme and without reference to improvements
contemplated in the scheme ; and thereupon, the included
in the final schcr-r~esha11 vest absolutely i l l the Plantling
Authority free from all encun~brances,but subject to the
' provisions of this Act :
Provided that, the payment made by the Planning Authority
on account of the value of the original plot shall not be
included in thk costs of the scheme.
106: All payments due t o be made to any person by a Pasment by
Planning Authority under this Act shall, as far as possible, adjustment
of
be made by an adjustment in such person's accounts with
the planning ~ u t h & i tin~ respect of the final plot concerned
or of any other plot in which he has an interest,-and failing
such adjustment'shall be paid iri cash or in such other way
as may be agreed upon by the parties.
107. (1) The net amount payable under the provisions of
this Act by the owner of a final plot included in a final
scheme may at the option of the contributor be paid in one
rount
Payment of
:zi
Planning
sum or annual instalments not exceeding ten. If the owner
- .
Authority-
elects t o pay the amount by instalments, interest at 6 per
cent. per. annurn shall be charged on the net amount payable.
If the owner of a plot fails to elect the option on o r before
the date specified in a notice issued to him in that behalf
by the Planning Authority, he shall be deemed t o have
elected the option of paying contribution by instalments and
the interest on the contribution shall be calculated from the
date specified in the notice, being the date before which he
was required to make an election as afdresaid :
Provided that, where an owner elects to pay the amount
in one sum but fails to do so, interest at 6 per cent. per
annum shall be payable by him t o the Planning Authority
from the date specified in the notice to the date of
payment.
 Mnlmraslrrm Regiorml ntrd Towrl [19G :M*.. XXXVEI
Plarl~rir~gAcr, 1966
. ,
(2) Where two or more finaI plots included in a final
scheme are in the same ownership, the net amount payable
by such owner under the provisions of this Act shall be
distributed over his several final plots in to the
increment which is estimated t o accrue in respect of each
final plot, unless the owner and the Planning Authority agree
to a diffrent method of distribution.
(i) Miscellaneous
PDwer or 108. ( 1 ) A Planning Authority shall be competent to make
Au thonty
any agreement with any person in respect of any matter
t, make which is t o be provided for in a town planning scheme subject
agreement- to the power of the State Government to modify or disallow
such agreement and unless it is othenvise expressly provided
therein, such agreement shall take effect on and afier the
'

day on which the town planning schen~ecomes into force.

(2)Such agreenlent shall not in any way affect the duties
l . stated in set:t.inn 7 2 o r the rights of third
of the t i ~ . b i t ~ - a t oas
parties, but it shall be binding on the parties t o the agreement,
notwithstanding any decision that may be passed by the
Arbitrator :
Provided that, if any agreement 'contains any provisions
which are inconsistent with the final scheme as drawn up
by the Arbitrator under section 72 or the final shceme as
sanctioned by the State G-gvernrnent under section 86 such
a n agreement shall be void :
Provided further that, if the agreement is modified by the
State Government, either party shall have the option of
avoiding it if it so elects.
Recovery of 109. (1) Any sum d u e t o a Planning Authority under this
areas- Act, rule or any regulation made thereunder shall be a first
charge on the plot on which it is due, subject to the prior
payment of land revenue, if any, due to the Government
thereon.
( 2 ) Any sum due to the Planning Authority under this Act,
rule o r any regulation made thereunder which is not paid
on demand on' the day o n which it becomes due or on the
day .fixed by the Planning Authority, shall be recoverable by
the Planning Authority from t h e defaulter as if they were
arrears of land revenue.
(3) If any question arises whether a sum is due t o the
Planning Authority within the meaning of sub-section (21, it
shall be referred to a tribunal- constituted by the State-
Government consisting of one o r more persons not connected
1966 :Mah. XXXVIT] Mnllnrasl1~trc2Regiotlal a11d tow)^
Platxnirrg Act, 1966
with the Planning Authoritmyor any authority subordinate
to it or with the person by whom the sum is alleged to be
payable which the tribunal shall, after making such inquiry
at it may deem fit and after giving to the person by whom
the sum is alleged to be payable, an opportunity of being
heard, decided the question ; and the decision of the tribunal
thereon shall be final and shall not be called in question in
any court or before any other authority.
( 4 ) The procedure to be followed by the tribunal in deciding
questions referred to i t under sub-section (2) shall be such
as may be prescribed by the State Government.
110. Where after completing and meeting all the costs of Disposal of
a scheme as provided in this Act'any amount from the sums ,,,surplus
a
,
paid to the Planning Authority under this Act remains as
surplus, the Planning Authority shall, in consultation with
the owners of the plots, spend such surplus amount for
providing further amenities within the area of the scheme.
111. ( 1 ) A Planning Authority shall con~pleteall the works Execution
provided in a final shcerne within the period prescibed in ELT~~~ in
the final scheme by the Arbitrator under clause ( x v i i ) of sub- scheme by
section (3) of section72 : Planning
Authority.
Provided that, in exceptional circumstances on application
by the Planning Authority, the State Government may by a n
order in writing specifying those circumstances grant t o the
Planning Authority i,n this behalf further extension of time
as it m a y think fit.
( 2 ) If the Planning Authority fails to complete the work
within the prescribed period or within the period extended
under sub-section (11, the S t a l e Government may,
notwithstanding anything contained in sub-section (II, require
the Planning Authority t o complete the works within a
further period as it' may consider reasonable or appoint a n
officer to compvlete such works at the cost of the Planning
Authority and recover the cost from the Planning Authority:
in the manner provided by sub-section (2) of section 162 of
this Act.
1 2 Whoever wilfully destroys or injures or without lawful Penalty for
removal of
authority removes, a boundary stone or mark lawfully fixed boundary
or constructed, the Collector, on receipt of the intimation stones.
from the Arbitrator or the Planning Authority, may order
such person to pay a fine, not exceeding twenty rupees for
each stone or mark so destroyed, injured or removed as may
in his opinion be necessary to defray the expenses of restoring
the same.
H 4007-10
 '(z)&'S ' p q i 'l'al-~asu!SEA\ ( v g )U O ! ~ ~ ~ S - ~ ! I - S
. '(T)E ' S "1~61: JO I z ' v b v K1~qPappE seh U O ! ~ Os !~ q ~ , ,
-,-uo!?sas s!ql JO (L)uo!q3as-qns Ilq
~
papuawe se ' 7 3 ~ad!su!~d a y 7 j o &1:I u o ! p a s j o (11 uoqaas-<insmpum pqn~gsuo3
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(r)
(z), -: S M O ~ I O J se spnaJ ILGT JO kr 'qeW j o s uo!.raas jq (2) uo!JJas-qnS,
'(q)(1 ) s 's ' p q ?,-1noj Su!paasxa aou
sraquraur J a q o jo Jaqurnri qsns pue ,, ~ ~ I O A I .IOJpagnqysqns aJam SPIOM asarEI,,
aw
-{nHT)G 's ' 1 ~ 6 1
JO PT 'qqq Lq ,, u q d 1 ~ u o 6 a u!a ,sp-1941at]? JOJ p a ~ n ~ ! ~ saJa.11 q t ~ ss p ~ o h ai s i l q ~
,
02 U M O ~ntau t. jo m;re arp LI! i3tw1 j o Srrisoclsrp puc 3urdola~ap
30 ~ I O M ayq a q n ba,r '( 2 ) L I C ~ ! ~ ~ ~[IS S - CZI~j. P ~ I I ! E ~ L T OE
~UI~~AUE
i
a 3 u q ~ e q s q 7 1 ~ q o'Xc
u ur 2 rra~rru .r.3.lry-~ 3 ~ s ~a q 7q 'u.~oq mu I? .sr-!
13 Zulpnpu; U O ~ B ~ O ~ BJ OJ O~ L3ua%3 a q rl.Snolq~auop s!
~ J O M a y q 31 'qsa~aquyq q n d arlj u! paqa1du103 PUE uayeqJapun
aq ue3 7 x 0 ~vans,q31q,~qpi paads a~;qtxeduro3 aqq p u ~
I. 'quarudoya~apj o y ~ yms o ~
4u!3a1druoa pule Suyy~vapun~ o j
ay;L - l a x 3 0 a n ! q n ~ a x~a1r13
~ c Pue .la31;~0 ISIZ!ULIG~~UMOJ, aqr)
pa11733 aq 07 J ~ ~ T J J OL T ~'8uruue~cIA . I ~ U I I ~ D
put! u ~ o q
03 Surqep~ ,
 be done by any such-corporation, company or subsidiary
.

! company aforesaid, as an agent of the StateGoveniment; and.

thereupon, such corporation or company shall, in relation t o
such area, be declared by the S t a t e Government, by
notification in the Official Gazette, t o be,the New Town
Development Authority for that . area.]
( 4 ) Every Development Authority shall be .a body
. corporate with perpetual succession and a common seal with
power to acquire, hold and dispose of property, both moveable,'
and irnrnoveable, and contract and sue or be sued by 1 such
name as may be specified in the notification under [sub-
section (2)].
( 5 )=[On.
the constitution of, or on the declaration of any
corporation or company ail, a Development Authority for any
new town, the local authority or authorities functioning,
within the area designated under this Act as a site fdr the 1

new town, immediately '[before such constitution or

declaration] shall cease tc! exercise the powers and perform
the functions and. duties which the said Development
*Authority is competent to exercise and perform under this .
Act.
(6) T h e provisions of sections 5 , 6, 7,8, 9, 10 and 11 shall
apply rnuthtis rnutandis t o a. 4[~ev&opmentAuthority
. . constituted under.sub-section (211 as they .apply in relation
, -
to a ~ e a o n a l~ o & d .
(7)The. Development Authority shall have its offlice at
sukh place as 'the State Government rngy appojnt in.this
behalf.
(8)A Development ~ u t h o r i shallt~ have all the powers
and shall carry out all the duties of a Planning Authority
under this Act 5[Iincluding all powe+s and duties
under Chapters I11 and IV and also under other provisions
of this Act)] as may be relevant for carrying out of its objects
and all the provisions, in respect of procedure under this Act
shall apply so far as may be necessary in this behalf.
- -

This portion was scstituted for "subsection (1)". by Mah. 21 of 1971, s. 3(3).
1
- - - - -
-
2 These words were substituted for the mrds " On the constitution of a Development
: Authorit$, ibid., s. '3(4).
3 These words-weresubstituted for the words " before such constitution", ibirl., s.
. .. 3(4b
This portion was substituted for the vrords " Development Authority", ibid., s.
3(5).
This portion was deemed always to have been inserted by Mah. 30 of 1972,s. 8.
68 Ma hamshtro ~ e ~ i o nuonid Towrl [1%6:Mah.m1
, Plarltrirrg Act, 1966 ' .
Power of '[I 13A. ~otwithstandin~ ariyt;hing contained in this Act, :I
State
Govern- or in any law for the time being in force, where any
corporation or company is declared t o be. the New Town
-. ment,.to
acqulre
land for Development Authority under sub-section (3A) of section 113,
Corporation the State Government shall acquirts either by agreement or
or Cam-
under the Land Acquisition Act, 1894 (and such acqbisition I of
declared t o may have been commenced before the coming into force of 1894-
o w n this section) any land within the a k a designated under this,
be TNew
Develop- Act, as the site of the new town, smy land adjacent t o that
merit area which is required for 'the purposes connected with the
Authority.
development of the new town, and any land whether adjacent
t o that area or noti which is required for provisions of
services or amenities for the purposes of the new town; and
vest such land in such Authority for the purpo&s of this
Chapter] ,2[by an order duly made: in that behalfl. -
Objects of I . ( I ) The objects of a Development Authority shall be
Develop-
ment to secure the laying o u t and 'development of the new town
Authority. in accordance with proposals approved in that behalf under
+ the 3[provisionsl of this Act, and for that purpose every such
Authority shall 4[subject to the provisions of se.ction 113AI
have power to acquire, hold, manage and dispose of land 'and
other pr.operty to carry out buildings and other operations,
t o provide water, electridty, gas, sewerage and,other se-mices,
amenities and facilities and-generally to do an-thingnecessary
or expedient for the purpose of the new t o y h or for
incidental thereto.
[* * 4 .
* * ' - . *-
12) Without prejudice to any provision of this Act requiring
the consent of the State Government to be obtained for anything
to be done by a Development Authority, the State Government
may give directions to any such Development Authority for .
restricting the exercise by it of any of its powers under this
Act, or for requiring it to exercise those powers in any manner
specified in the directions :
3
Provided that- 4
(a)before giving any such directions, the State Government
6[shall consult with the Chai~man,or if the Chairman is n o t . .

available, with the Vice-chairman, of the Development -

Authority constituted under sub-section (2) of section 113, or

1Section 113A was inserted by Mah. 2X of 1971,s. 4. .

These words were added by Mah. 22 of-1973, s. 3.

This word was substituted for 'follovring provisions" by Mah. 30 of 1972,s. 9. ,
This portion was inserted by Mah. 21 of 1971,s. 3 1 ) Ca) and (b).
The existing proviso was'deleted by Mah. 6 6f 1976! s. 30.-
This was substituted for the words "shall ccinsu1t:with the chairman of the
Development Authoriw, or, iC the chairman is not ayailable, with the Vice-Chairman" .

by M a h 21 of 1971,s. 5(2).
 as the case:,moy be, with thk olficer or officers of the
Development Authority declared under' :sub-section (3A) of
that section who is or are duly authorised by such Authority]
unless the State Government is satisfied that, on account of
urgency, such consultation is impracticable ; and
( 6 ) any transaction between any person and any such
Development Authority acting in the purported exercise of
their powers, under this Act shall n o t be void by reason only
that it was carried out in contravention of such directions,
unless that person had actual notice of the directions.
(3) For the avoidance of doubt, it is hereby declared that the
provisions of sub-section ( I ) with respect to the powers of
Development Authorities relate only to their- capacity as
statutory corporation and nothing in this section shall be
construed as authorking the disregard by a Development
Authority af any enactment o r rule of law.
e the provisions of snb-section
5 . ' M T i t h o u t p r e j ~ ~ d i cto Plantling
(8) of section 113, the Development Authority] shall from ~ ~ t : ~ ~ ~
- time t o time submit t o the State Government; in accordance merit i n
with any directions that may be given by the State Government
in that behalf, its proposals for the dkvelopment of land
within the area designated under this Act as the site of the
new town, and the SCate Government 2CaRer consultation '

with the Director of Town Planning], may approve any such

proposals either with or without n~odification.
116. A Development Authority lconstitu ted under sub- Acjuisition
section (25 of section 1131 shall have all the powers of a land by
Develop-
Planning Authority under this Act a s provided in Chapter ment
VII far the purpose of acquisition either by agreement or $:t::$ited
r of under the Land Acquisition Act, 1894 of- under
1894. section 113
(a)any land within the area designated under this Act (211.
a s the site of the new town ;
( b ] any. land adjacent to that area which is required for
purposes connected with the development of the new
town ; and
{c) any land whether adjacent to that area or not which
is required for provision of services of amenities for the
purposes of the new town.

--
I This portion was deemed always to bave h e n substitukd for 'The ~ e v e l o ~ m e n t
Authority," by Mah.30 of 1972 s. 10.
* These wurds were substituted for the words 'after consultation with the locat
authority.within whose area the land is situated and with any other local
authority w h o appear t o the State Government t o be concerned" by Mah. 11 of
1973,s. 5.
"is portion was inserted by hhh. 21 of 1971,s. 6.
 '(~Xq)8
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p m iura-rayq qsanqu! s!y a q n b ~07~ 3: a q n b a ~ [L?!xoyqnv
quaurd6pnaa ayq JO quazuwano3 aqqs uo pauas], 3 ~ ? 7 ~
uy a q o u Aq LEW pue[ aqq JO .Iauko r l u ~'uoyp~~!qouaqq jo
aqep aqq ruoq s l e d uaq jo pouad E u q y [ETT ~ uoq3as JO (2)
uo !laas-qns lapun paqnqgsuoa Lqyoqqnv quaurdolanaa e 10
luawmahos a m S aqq Lq p a ~ l n b ~ q uaaq, qou seq UMO) mau ~ a ~ ~ 8 , a a p
ay7 j o aqts aqy se- 73v S j q 7 30 ETT uOi73as l a p u n UOI7e3rJI39U asey3~nd01
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-LIT U O ! ~ % ! I ~ O
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t I W '4W4l: 9 9 6 f t/mo~jntu jvi/v!83y U J I I I S U . C U I I V ~ ~ OL
t
1966 : ah. XXXVI I] Malrtr~.nshtmReg ionnl citld Tow,I
, Plnrlrlirrg Act, 1966
1 1 The State Governnlent may give t o any Developn~entDirections
authority such directions with respect to the disposal of land by State.
Govern-
acquired by the Authority '[or vested in it] under this Act and ,,,t ,,r
with respect to the development by that Authority of such disposal of
land as appear to the State Goveniment to be necessary or land-
expedient for securing so far as practicable, the preservation
of any features or objects of special architectural or historic
interest.
120. A Development Authority Inay make any agreement Power to
or enter into any contract with any local authority, Planning make
to Authority or statutory body in order to secure the provision for provi-
of services, such as water supply, drainage, including sion-of
sewerage, 'electricity, gas within the area of the new town,
subject to the power of the State Government to modify or
disallow such agreement or contract.
121. Without prejudice to the generality of the powers Contribu-
conferred on .a Development Authority under this Chapter, tions by
any Developn~ent Authority may, with the consent of the ,
Dcvelop-
State Government c o n t r i b u t e sucl? s u m s as thc Sta he . ~ u ~ h o r i ~ ~
c l l cletermir~e to~vzl-cls espcndi t u 1.c incurred to<v;lrds
G o v e ~ - n ~t~ ~may
or to be incurred by any local authority, Planning Authority ~ ; ~ ~ ~ $ L U r e
or statutory body in the performance, in relation to the new Authdrities
town, of any of their statutory functions, including expenditure and
s o incurred in the acquisition of land. statutory
authority.
122. ( 1 ) F o r the purpose of enabling a Development Advances
Authority 2[constituted under sub-section (2) of section 1131 and
payments
to defray expenditure properly chargeable to capital account by State
including the provision of working capital, the S t a t e Govern-
Government may, after due appropriation made by the State ment to
Legislature by law in this behalf make advances to the Develop- ment
Development Authority repayable over such and on. s u c h Authorities.
ternls as may be approved -by the State Government.
( 2 ) F o r the purpose of enabling l[such Development.
Authority] t o defray any other expenditure, the State
Government may, after due appropriation m a d e by the State
Legislature by law in this behalf, make grants t o the
Development Authority of such an~ountsit may decide in this
behalf.
(3) All sums received by the State Government by way of
interest o n an advance made t o a Developnlent Authority
under sub-section ( I ) and all s u m s received by way of
repayment of the principal of such an advance shall be paid
into the Consolidated Fund of the State ; and the State
Government shall' lay before each House of the Legislature
of the State a statement of any sums due from a Developnlent
Authority by way of interest on or repayment of any such
advances which are not duly paid to the State Government
in accordance with the terms approved under sub-section (1).
These words were inserted by Mah. 21 of 1971., s. 9.
This portion mas insertcd ihid, s. 10(a).
These words were substituted for tho words "aDevelopment Authority", ibid.,s.
lo(6).
 Mo1rarccsl11t-nRegiuttcrl nrd tor rut^ [I966 :Mah. XXXVlI
Plnru!illg Act. 1966
(4)It shall be a condition of the making of advances to a
Development Authority under this section that I[thc plans or
proposalsl for development ,submitted t o the State Govern-
ment "[under this Act1 shall be approved by the S t a t e
Government as- being likely t o secure for the Development
Authority an overall return which is reasonable, having
regard to all the circumstances, when conlpared with the cost
of carrying o u t those proposals.
( 5 ) The provisions of Chapter VXII in regard to budget,
accounts and audit shall 31except as provided in that Chapter]
apply t o every Development Authority.
(6)Every Development Authority shall provide the State
Government with such information relating to the under taking
of the Autl~orikyas the State Government m a y from time to
time require, and for that purpose shall permit any person
authorised by the State Government in that behalf t o inspect '
and make copies of the accounts, books, documents or papers
of the D e v e l o p m e n t A u t h o r i t y a n d shall afford such
explanation thereof as that person or t h e State .Government
may reasonably require.
Porver orC "122A. ( I ) W i t h o u t prejudice to the provisions of
Develop- sectionl22, a ~ k e l o ~ r n e n Authority
t constihted under sub-
ment
Authority section ( 2 ) of section 113 may,-
to borrow (a1 subject to such conditions as m a y be determined in
"d this behalf by the Government, borrow money in the open
accept
depusib- market or otherwise with a view to provide itself with
adeqate resources ;
- Ib) accept deposits on such conditions as it deems fit
from persons to whom allotnlent or sale of land or building
or any structure is made, or. is likely t o be made, in
furtherance of the objects of this Chapter.
( 2 ) All moneys borrowed under sub-section ( I ) m a y be
guaranteed by the State Government as to the repayment of
principal and interest at such rates and on such conditions
as t h e State Governn~ent may determine a t the time the
moriey, are borrowed].
Transfer or 123. ( I ) Withoutprejudiceto the powerofaDevelopment
undcrtak- Authority under this Act to dispose of any of their property,
ing of
Develop- a Development Authority may by an agreement made wiLh
merit any local authority, o r Planning Authority and approved by
Aulhority.the State Government, transfer to that local authority or
Planning Authority any part of the property of the
Development Authority upon such terms as may be prescxibed
by the agreement:

These words were substituted for the words "the proposals", by Mah. 30 of 1972,
s. 11.
These words were substituted far the words and figuw "under section 115",&id,
These words were inserted by blah. 21 of 1971, s. 10(c).
Section 322A was inserted by Mah. 6 of 1976,s. 31.
1% : hlah.XXXVII] Malinl-nshrm Region01 olld Towtr
Plmr~lirrgAcr, 1966
Provided that, before approving such agreement, the State
Government shall publish in the Official Gazette and in one
or more local newspapers a notice stating that the agreement
- has been submitted for approval, and describing the general
effect of the agreement.
( 2 ) If the State Government is satisfied that it is expedient,
having regard t o any agreement made or proposed to be
m a d e u n d e r sub-section ( 1 ) that the liability of the
Development Authority in respect of advances made to it
under this Act, should be reduced, the State Government
may, by an order reduce that liability to such extent as may
be specified in the order.
(3) The payment of any sums payable by a local authority
or Planning Authority for the purposes of ' an agreement
under this section shall be a purpose for which that authority
may, notwithstanding a n y t h i n g contained in any law
constituting s ~ r c hauthority, borrow money.
124. ( 1 ) If it appears to the State G o v e r n m e n t in the casc Con] bina-
tion and
of any area designated under this Act as the site of a new transfers of
, town, that there are exceptional circumstances which render Develop-
it expedient that the functions of a Development Authority ment
Authorities.
under this Act should be performed by the Developnlent
Authority established for the purpose of any other new town
instead of by a separate Developn~en t Authority established
for the purpose, it may, in lieu of establishing such a separate
Development Authority by order, direct that the said functions
shall be performed by the Development Authority established
for the said other new town.
(2).If it appears to -the'State Government that there are
exceptional circumstances which render it expedient that the
' functions of a Development Authority established for the
purposes of a .new town should be transferred to the
Development Authority established for the purposes of any
other new town, or .to a new Development Authority to be
established for the purposes of the first mentioned new town,
it may by order provide for the dissolution of the first
nlent ioned Development Authority and for the transfer of its
functions property, rights and liabilities to the Development
Authority established for the purposes of the said other new
town or, as the case may be, t o a new Development Authority
established for the purposes of the first mentioned new town
by the order.
(3) Without prejudice to the provisions of this Act with
respect to the variation of orders made thereunder, an order
under this section, providing for the exercise of functions in
relation to purposes of another new town, or for the transfer
of such functions t o such a Development Authority, may
modify the name and constitution of that Development
Authority in such a . m a n n e r a s . appears t o the State
H 4007-11
 Mrrl~nl-rrshrt-0Regiollnl nrrd To)vtl [I966 : Mah. XXXMT
Plnrlrtirlg Art. 1966
Government to be expedient, and for the purposes of this Act
that Development Authority shall be deemed to have been
established for the purposes of each of those new towns.
( 4 ) Before making a n order under this section providing
for the transfer of functions from or to a Development
Authority, or for the excercise of any functions to such a
Development Authority, the State Government shall consult
with that Development Authority.

' [CHAPTER VI-A

Levy of 124A. ( 1 ) Subject to the provisions of this Act, the Planning

develop-Authority or the Development Authority (hereinafter in this Chapter
ment
charge. collectively referred to as " the Authority "1, shall levy within the area
of its jurisdiction development charge on the institution of use or
change of any land or building, or development of any land or building,
for which permission is I-equil-cd~incterthis Act, at the rates specifiecl
by or- u n d c r thc provisions of this Cllapte~.:

r
PI-ovidcd that, where land appurtenant to a building is used for
any purpose, indipendent of the building, development charge may
be levied separately for the building and the land.
( 2 ) The development charge shall be leviable on any person who
institutes or changes the use of any land or undertakes or carries
out any development :
ZIProvided that,-
(i) no. such development charge shall be leviable under the
provisions of this Chapter in respect of use or change of use of
any Iand or building, or development of any land or building, or
both, for which a development permission has had already been
granted or deemed to have been granted by the Planning Authority ' ,

or the Development Authority either by way of commencement

certificate or by way of any other mode of permission for development -
granted under this Act or any other law for the time being in
force or by way of approval subject to condition in the form of
a written notice (Intimation of Disapproval) by the Commissioner
under section 346 of the Bombay Municipal Corporation Act, b e f o ~ eBoln.
the 10th day of August 1992, being the date of commencement 111 of
1888.
of the Maliarashtra Regional and Town Planning (Amendment) Act,
1992 (hereinafter in this section referred to as " the said date "),
irrespective of whether or not the institution of use or change Mah.
of use or actual development work of land or building or both, Xm
has been effected or commenced or completed, as the case may of 1992.
be, and whether o'r not the completion certificate for Any such
use, change of use or developn~entis granted by the Planning
Authority or Development, Authority, before the said date ; ,

Chapter J'I-A was inserted by Mah. 16 of 1992,s. 2.

These proviso were added and the first proviso was deemed t o have been added
with effect from 10th August 1992 by Mah. 10 of 1991,S . 10.
 (ii) where the development pern~ission fpr land development, . ,

including permission for sub-division of a land, land development

or land reclamation not involving any building or construction
operations has had already been granted by the Planning Authority
or the Development Authority before the said date, no development
charge in respect of such land shall be leviable for the land
development activities, irrespective of whether o r not development
of such land (not involving any building or constructions operations)
has actually been commenced or completed before the said date.
However, if at a later date, a permission for construction operations
is granted, the development charge in respect of such land shaIl
be leviable only for the building or construction activities :
Provided further that, nothing in this chapter shall apply to
demolition of any existing building, structure or erection, or part
of such building, structure or erection.]
124B. ( 1 ) (a)For the purposes of assessing the development chakge, Ciassifica-
the user of land and building shall be classified under the following t!'~;a''ip~~~
categories, namely :- and
( i ) Industrid : buildin~s,
rate of
(ii j Commercial; develop-
Iiiil Residential; men t
(iu) Xnstitutional. charge and
( b ) In d a s s i b n g the user of land and building under any of the procedure
levy
categories mentioned in clause ( a ) ,the predominant purpose for which thereor.
such land and building is used shall be the basis for such classification.
( 2 ) On and from the date of commencement of the Maharashtra
Mah. Ragional and Town Planning (Amendment) Act, 1992, development
xvI charge shall be levied and collected by the.Authority at the minimum
or rates specified in column (4) of the Second Schedule; and the Authority
1992.
may, subject t o the other provisions of this Chapter; enhance, born
time to time, the rate and levy the development charge at such rate,
so however that such rate shall not exceed the maximum rate of
tax specified in column 5 of t h e Second Schedule:
Provided that, the Authority may, subject t o the other provisions
of this Chapter, reduce, from time to time, the enhanced rate and
levy development charge at such reduced rate, so however that in
no case the rate shall be reduced below the miriimum rate specified
in column (4) of the Second Schedule.
 I 3

Pla~~tlilrgAct, 1966
' l(2A) No twi t hs tandrng anything con~ainedin ;u b-scc t i o n ( I 1, ~ v h e n
the Maharashtra Industrial Development Corporation is the Special
Planning Authority deemed to have been zppointed as such under
sub-section ( I A )of section 40, for a notified area under its jurisdiction
as provided in the said sub-section (IA), it ,&all be lawful for such
Planning Authority to levy within such notified area, the development
charges at such rate which may be lower than the minimum rates
specified by or undcr the provisions of this Chapter, as it may fix,
from time t o time.]
(3) The Authority, before enhancing or reducing the rate and
levying the development charge at such rate shall observe the
following preliminary procedure, namely :-
( a ) the Authority shall, by a resolution passed at a speciaI
meeting, approve the regulations prescribing the rates of the
development charge proposed to be levied by i t ;
( b ) when such a resolution is passed, the Authority shall take
further action t o obtain the previous sanction of the State
Governme~ltto the regulations.
Develsp- 124C. ARer the regulations in respkct of development charge are
ment sanctioned by Lhe S t a t e Governmcnt under section 124B, such
charge to
be brought development charge shall be brought into force on or after the date
into rorce t o be specified by the State Government in its sanction.
as s ecfieb
LV 8
overn-
tncn t.
Local 124D. ( 1 ) The 1-eb'ulations referred l o in sections 124B and 124C,
publiw tjon as sanctioned and pubIished in the Oficial Gazette, shall be displayed
of notifica-
by thc Authority on notice board in its office. The Authority shall also
tion

re:;e70: publish a notice in a local newspaper, informing t h e inhabitants of the

ment area within its jurisdiction, of the subject matter of the regulations so
charge with displayed and the date on which they shall come into force.
notice.
(2) When the rates a t which the development charge is leviable
are enhanced or reduced under sub-section (2) of section 124B, it

Assessment
recovery of
develop-
ment
charge.
and
shall not be necessary t o give any separate notice thereof t o the
.owners or occupiers of the lands or buildings affected thereby.
124E. ( I ) Any person who, after the commencement of the Mah.
Maharashtra Regional and Town Planning (Amendment) Act, 1992,
intends to cany out any development or institute or change any use
of any land or building for which permission is required under Lhis
Act, whether he has applied for such permissiorl or not, or who has
-
yisz:
commenced carrying out any such development or has carried out such
development or instituted or changed-any such use, shall apply t o the
Authority within such time and in such manner as may be prescribed,
t.he assessment of development charge payable in respect thereof.
for -
-
I Sub-section (2A) ~2inserted by M a h . 10 of 1994, 11.s.
Sectiion 12 OEM&. 10 of 1994 reads as under :-
Rernwal of " 12. For the removal of doubt it is hcrcby declared that, sub-section (2) of section
doubt. 124A of the principal Act, having been retrosp&ively amended. that sub-section (2)
as i t existed before the commencement of the Maharashtra Regional and Town
Pl-g & l e n b e n t ) Act, 1993,shall, notwithstanding anything matainedin any Mah.
-judgement,order or decree of any Court, be deemed never to have authorised any X of
Planning Authority or Development Authority to levy any development charge in 1994-
respect of any develop~nentreferrcd to in the first proviso to that subsection (2); and
where on or after the 10th day of August 1992,any Planing or the Development
AuthoriQ has levied and collectid any development charges under this Chapter in
respect of my.land or building or, both, m v c d by the skid pmviso, then, the-Pl-g
Authority or the Development Authority sllall refund the m o u n t of such development
charges to the person from whom such charges have been colleckd either by w a y of
payment, or by adjusling the same against any other dues payable by such person
under the provisions of this -Act to the Planning Authority, *th interest on such
amount of refund or adjustments at the rate of 14 per cent. per annurn.
 (2.) The Authority shall, on such application being made or if no
such applicatiop is made, by, a person instituting or changing any
use of any land or building, -then alter serving a notice in writing
on the person liable to such payment and after calling is made, by
a person instituting or changing any use of any land or building,
then after saving a notice in writing on the person liable to such
payment and after calling for a report in this behalf from the
concerned oficer of the Authority, after taking into consideration the
report aforesaid, deterrne whether or not and if so, what development
charge is leviable in respect of that development or, institution of
use or change of use, and aRer giving the person concerned an
apportunity to be heard, shall then assess the amount of deveIopment
charge payable by such person and give t o such person a notice in
writing of. such assessment :
Provided that,-
(a)where permission under this Act has not been granted for
carrying out the said development, the Authority m a y postpone
the assessment of the development charge ;
Ib) ~vhcr-ethe application relates to the cal-tMng o u t of a n y
-development, the Authority, may refuse to assess the amount of
t
'development charge payable by such person concerned unless it
is satified that the applicant has,a n interest in the land or building
sufficient to enable him to carry out such development or that
the applicant is able to acquire such interest and that the applicant
shall carry out the development within such period as the Authority '

may determine.
(3) The amount of Development charge as shown in the notice
of assessment shaH be paid within thirty days of the date of receipt
thereof by such person and where the amount has not been so paid
or has been partly paid an interest at the rate of eighteen per cent.
per annum upon any amount outstanding shall be payable fiom the
date immediately following.the date on which the period of thirty
-
days as aforesaid expires till the date of payment of such amount.
( 4 ) The Authority shall, in regard to the area lying within its
jurisdiction, collect all development charges due under this Act in
respect of any development in that area.
( 5 ) (u) he development charge, together with interest, if any,
payable in respect of any land or building shall, subject to the
provisions of sub-section (61,be the first charge on such land or
building, subject to the prior payment of land revenue, if any, due
to the Government thereon.
( b ) The development charge payable in respect of any land or
building by any person shall, together with interest due upto the
date of realisation, be recoverable from such person or this successor-
in interest in such land or ,building, as arrear of land revenue.
(6) Notwithstanding anything contained in sub-section (5),where
blah. a promoter as defined in clause (c) of section 2 of the Maharashtka
X L + Ownership Flates (Regulation of h e promotion of construction, sale,
1963. management and transfer) Act, 1963, 'intend to carry out any
 developmerlt or institute 01- change any use of any land 01. building,
the liablity to pay the .devclopmenk charge in respect of any such
land or building and interest, if'any, shall be that of such promoter;
and any amount of such development charge and inLerest remaining
outstanding shall, without prejudice to any other mnde of' recoveq*
thereof available against such promoter, be the first charge on any
other property which he owns or in which h e has a right, title or
interest (in which case such charge' shall be limited t o the extent
of his such right, title or interest), subject to the prior payment of
land revenue, if any, due to Govel.nment Ihereon.
Eseniptio~~s. 124F. ( I ) No development charge shall, be levied on institution
of use or of change of use, o r development of, any land or building
vested in or under the control or possession of the Central 01-State
Government or of any local authority.
(2j Subject to such conditions as it may impose, the State
Government may, by notification in the Official Gazette, exempt
partially f t - 0 ~ 1the payment of developmeni; charge payable on t h e
(le\~elopmcntof' any land 01. building by any educational institution,
incrlic;11 institution 0 1 - cha~.it;~ble
institution.
'1(3) Notwithstanding anything contained in sub-section ( 1 ) and (2),
the State Governnlent may, by notification in the Official Gazette
and subject t o such terms and conditions as may be specified therein,
exernpt partially a Special Township Project undertaken by a private
developer under the Special Development Control Regulations made
under the provisions of this ~ c t from
, payment of the developn~ent
charges.],
~ p ~ k l .124G. (11 Any person aggrieved by an order passed by the Authority
under section 124E may prefer an appeal - t o the State ~ o v e r n m e n t
or to such an officer as may be appointed by the State Government
in this behalf, being an officer not below the rank of Deputy Secretary
to the Government; and such appeal shall be made in such manner
and accompanied by such fees, as may be prescribed.
( 2 ) The state Government o r the officer so appointed may, after
giving a reasonable opportunity to the appellant and the Authority,
of being heard, b-y an order confirln, reduce, enhance or a n n u l the
as:css~-tlent.
(3) Where the assessment is annulled or set aside in an appeal,
the Statc Governn-lent or such officer deciding the appeal may direct
thc Authority to make a fresh assessment after such further enquiry
as may be directed.
(.PI Evely order passed in- appeal under this section shall be final
and shall not be questioned in any suit or other legal proceedings.

'Sub-scc~ion(3'1was inserted by Mah. 6 of 2001. s. 2.

1966 :Mah. XXXIrIll Mnlramslitri~Rcgiorrcil arlrl Tolv~r 79
Acr. 1966
Plntrr~ir~g
124H. Noappedunder-&ctian 124Gshalallbeehkrtainedunless,- Rqcedure
for "illin&
- --D

(a) the appeal is brought within forty-five days next aRer the appeal+
receipt of notice of assessnlent under sub-section (2) of section 124E
by the person concerned :
Provided that, the State GOYernm ent or the oficer so' appointed
may, admit an appcal preferred after the expiration of the forty-.
five days as aforesaid if, the Government or such officer -issatisfied
that the appellant had sufficient cause for not prefering the appeal
within the said period.
( b ) the amount 'claimed iri the notice of assessment from the
appellant together with the amount of interest, if any due thereon,
has been deposited by him in the office of the Authority.
1241. If, as a result of an order passed in appeal under section Interest on
'124G,the assessment is enhanced and any amount of difference is ~ ~ ! ~ , " ~ e ~ r
required t o be recovered from the appellant ox any amount from assessn~ent
out of the amount paid under clause ( b ) of section 124H is required Or of
refund.
-,. to be refunded t o thc appellant, an interest at the rate of eighteen
per cent. per annurn shall be payable,-
. (a) in the-case of amount to be so recovered, from the date
.of the notice of original assessment till the date of recovery thereof:
and -. ,

( b ) in the casc ,of amount t o be so refunded, from the date on .

- ,

. which the amount was paid under'elause (b3 af section 124H till
the date of refund thereof.
-
1245. (1) ~ereshallbees~blishedand.se'tapartaseparatefund Develo
to be called 'the Development Fund " and an Autllbrity shall sepnratcly merit Pund.
- ,

, show the same in its budget.

(2)A11 moneys received by the Authority as development charge
together with interest thereon, if any, under this Chapter shall be
credited t o the Development Fund.
. (3) The moneys credited, horn time to time, to the said Fund shall
be applied only for the purposes of providing public ainenities in the --

area and maintenance and improve%enk of the area under the

jurisdiction of the said, Authority.
( 4 ) Surplus moneys at the credit of the said Fund, which cannot
immediateiy o r at an early date be applied for the purposes aforesaid,
shall, from time to-time, be deposited by the Authority in the bank.
tion.-For
I3xpla.n~ the purposes of this sub-section, the expression
" bank " means,-
23 of (1.1 the State B a r k of India constitu.ted under the State Bank
1955.
of lndia Act, 1955;
3s or (ii) a subsidiary bank as defined in Ulo state Bank of ~ k d i a- .
1955. (Subsidiary.Banlr) Act, 1959 ;