MAHARASHTRA REGIONAL AND TOWN PLANNING ACT 1966 PDF

It is well settled that the user of the land is to be decided by the authority empowered to take such a decision and this Court in exercise of its power of judicial review would not interfere with the same unless the change in the user is found to be arbitrary. Respondent No. According to the writ petitioner - Respondent No. According to the writ petitioner, however, on measurement of the plot, the area was found to be

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These words were inserted by Mah. These words wire substituted for the words "and includes" by Mah. These words were substituted for the words "constituted" by Mah. These words were substituted for the words "and includes" by Mah. These clause was inserted by Mah. Inserted by Mah. Sub-para ii was substituted by Mah.

Sub-section 19 was substituted for the original by Mah. In any case, where any Region is renamed, then all references in any law or instrument of 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.

Sub-para was inserted by Mah. The minutes shall be signed at the next ensuing meeting by the person presiding at such meeting, and shall be open to inspection by any member during the office hours. Such persons may be paid by the Regional Board such remuneration of fees as may be sanctioned by the State Government.

The officers and staff so appointed shall be entitled to receive such salaries and allowances and shall be governed by such terms and conditions of service, as may be determined by the State Government. I Every Regional Plan shall be submitted to the State Government together with all connected documents, maps and plans for approval. The State Government may, within the prescribed period, by notification in the Official Gazette, either approve the Regional Plan without modification for the whole Region, or any part thereof; or with such modifications as it may consider necessary or reject the plan with a direction to the Regional Board to prepare a fresh plan according to such direction.

The notice shall state the name of the place where a copy of such plan shall be available for inspection by the public at all reasonable hours mentioned therein and that copies thereof or any extract there from certified to be correct shall be available for sale to the public at a reasonable price and invite] objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice, such date not being earlier than four months from the publication of the notice.

These words were substituted for the words "The publication of a draft Regional plan particular include" by Mah. These words were substituted for the words "after the publication of a draft Regional plan" by Mah, 6 of , s. No compensation shall be awarded" a if and in so far as any properly or any right or interest therein alleged to be injuriously affected by reason of the provisions contained in any plan or scheme, is subject to substantially similar restrictions in force, under some other law which was in force on the date on which, such injurious affection took place or the restrictions were imposed by this Act; b if compensation in respect of such injurious affection or restriction imposed under this Act or substantially similar injurious affection or restriction in force under any other law has already been paid in respect of the property or any right or interest therein to the claimant or to any predecessor in interest of the claimant.

Board may, with the previous approval of the State Government, also revise the Regional plan; and thereupon, the forgoing provisions of this Chapter shall, so far as they can be made applicable, apply to the revision of the Regional plan as those provisions apply in relation to the preparation, 1[publication of notice] and approval of a Regional plan 2[ 2 Notwithstanding anything contained in sub-section 1 , the State Government may, at any time after a Regional plan has come into operation, make any modification in such plan in the manner hereinafter provided if in its opinion such modification is necessary for the balanced development of the Region for which such plan has been prepared and approved.

The notice shall also be published in at least one newspaper having wide circulation in the Region and in such other manner as the State Government may think fit in the circumstances of each case. The notice shall also state the place where a copy of modification to the Regional plan may be inspected at all reasonable hours, and shall specify therein a date on which the modification of the plan shall come into operation.

Sub-section 2 3 and 4 were substituted for sub-section 2 and 3 , ibid. These words were substituted for the word "Revision" by Mah. 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. These words "and publish were" deleted by Mali. These words were inserted, ibid, s. These words were substituted for the words "and publish in the prescribed manner a draft Development plan" by Mah.

These words were substituted for the words "submit it", ibid, s. 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 as aforesaid and submitting it to the State Government for sanction.

These words were substituted for the words "prepare and publish in the prescribed manner, such development plan," ibid, s. These words were substituted for the words "and publishing a Development plan", ibid, s. These section was inserted by Mah.

The Planning Authority or the said Officer, as the case may be, shall also publish a notice of such declaration in the Official Gazette, and also in one or more local newspapers in the prescribed manner, inviting suggestions or objections from the public within a period of not less than sixty days from the publication of the notice in the Official Gazette. L These words were substituted for the words and brackets "The Officer appointed by the State Government under sub-section 4 of section 21 hereinafter referred to as "the said Officer" by Mah; 39 of , s.

The notice shall state the name of the place where a copy thereof shall be available for inspection by the public and that copies thereof or extracts there from certified to be correct shall be available for sale to the public at a reasonable price, and inviting] objections and suggestions within a period of sixty days from the date of notice in the Official Gazette: 1.

This portion was substituted for the words "prepare and publish draft Development plan together with a notice in the Official Gazette, and local newspapers in the prescribed manner, inviting", by Mah. These words were substituted for the word "Publication" ibid, s. Provided that, the State Government may, on an application of the Planning Authority, by an order in writing, and for reasons to be recorded from time to time, extend the period for preparation 1[and publication of notice of the draft Development plan].

These words were substituted for the words "and publication" by Mah. This portion was substituted for the words "The following particulars shal I be published along with the draft Development Plan, namely-" by Mah.

Clause iia was inserted by Mah. These words were substituted for the words "consisting of not less than three and not more than five members of the Standing Committee of the Planning Authority" by Mah.

The words "or as the case may be the said Officer" were deleted by Mah. This proviso was added, ibid, s. This proviso was added by Mah. These words were substituted for the words "Provided further that" by Mah. Where the modification made by a Planning Authority or the said Officer in the draft-Development Plan are 2[of a substantial nature], the Planning Authority or as the case may be, the said Officer shall publish a notice in the Official Gazette and also in the local newspapers inviting objections and suggestions from any person with respect to the proposed modification not later than sixty days from the date of such notice; and thereupon, the provisions of section 28 shall apply in relation to such suggestions and objections as they apply to suggestions and objections dealt with under that section.

This words was inserted, ibid, s. The words, "and publish" were deleted, by Mah. Development Plan as they apply in relation to the preparation 1[and publication of notice of a Development plan]. These words were substituted for the words "and publication", ibid, s.

These words were substituted for the words "and publish such plan", by Mah. These words were substituted for the words "prepare and publish a draft Development plan" by Mah. If any Planning Authority has prepared a Development plan which has been sanctioned by the State Government before the commencement of this Act, then such Development plan shall be deemed to be a final Development plan sanctioned under this Act.

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

The Planning Authority shall thereupon submit 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. On the publication of the modification in the Official Gazette, the final Development plan shall be deemed to have been modified accordingly.

If a modification is sanctioned, the final Development plan shall be deemed to have been modified accordingly. These words were substituted for the words "Minor modifications" by Mah. Sub-section 1A was inserted by Mah. Sub-section 1AA was inserted by Mah. These words were substituted by Mah 21 of wef 8. Sub-section 1B was inserted by Mah, 5 of , s.

Section 37A inserted by Mah. These words were substituted for the words "ten years" by Mah. These brackets and words were substituted for the brackets and words "including all parts, if sanctioned separately", ibid, s. The words "submitted to it" were deleted, ibid, s. Where a final Development Plan contains proposals which are in variation, or modification of those made in a town planning scheme which has been sanctioned by the State Government before the commencement of this Act, the Planning Authority shall very such scheme suitably under section 92 to the extent necessary by the proposals made in the final Development plan.

IV of to be the Special Planning Authority for developing the notified area]. Provided that, at any time, as provided in the first proviso to sub-section I of section I of the said Act, where the State Government by notification in the Official Gazette, directs that the said Chapter VI shall cease to be in force in that area or any part thereof, from the date specified in such notification then from such date, the said area or part thereof, as the case may be, shall cease to be notified area, and the Maharashtra Industrial Development Corporation shall cease to be the Special Planning Authority for the purposes of this Act for such area or part thereof: Provided further that, the provisions of clauses e and f of sub-section 3 or of section , , , and Chapter VIII shall not be applicable to such Special Planning Authority.

It may submit its proposals for the development of the land in the notified area being land either vesting in it or land which has been acquired or is proposed to be acquired under section as provided in section "; 1 These words were substituted for the words "On the constitution of the Special Planning Authority the" by Mah.

Sub-section 1B inserted by Mah. The Special Planning Authority may, if it thinks fit, give individual notices to persons affected by the draft proposals. The orders of the State Government approving such proposals shall be published in the Official Gazette. Every payment made pursuant to such order shall be sufficient discharge to such person from all liability to 3[local authority] in respect of any sum or sums so paid by him out of the moneys of the 3[local authorities] held or received by him].

Provisos and sub-section 6 inserted by Mah. These words were substituted for the words "from the date of such grant, by Mah. Clause d was substituted for the original by Mah.

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