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The Maharashtra Regional and Town Planning Act, 1966.

Maharashtra

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 plans with a view to ensuring that 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; to make provisions for the compulsory acquisition of land required for public purposes in respect of the plans; and for purposes connected with the matters aforesaid.

Act number
37 of 1966
Ministry
Govt of Maharashtra
Department
Urban Development Department
Enacted
11 Jan 1967

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

196 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 3Establishment of Region and alteration of its limits.
  4. Section 4Constitution of Regional Planning Boards.
  5. Section 5Terms of office and conditions of service of members.
  6. Section 6Resignation of members.
  7. Section 7Vacancies.
  8. Section 8Powers and duties of Board.
  9. Section 9Meetings of Regional Board, etc.
  10. Section 10Consultation or association with experts; Regional Planning Committee.
  11. Section 11Power of Regional Board to appoint staff.
  12. Section 12Expenses of Regional Board.
  13. Section 13Survey of Region and preparation of Regional plan.
  14. Section 14Contents of Regional plan.
  15. Section 15Submission of Regional plan to State Government for approval.
  16. Section 16Procedure to be followed in preparing and approving Regional plans.
  17. Section 17Publication of Regional plan and date of its operation.
  18. Section 18Restriction on change of user of land or development thereof.
  19. Section 19Exclusion of claims for compensation for injurious affection.
  20. Section 20Revision or modification of Regional plan.
  21. Section 21Development plan.
  22. Section 22Contents of Development plan.
  23. Section 22AModification of a substantial nature.
  24. Section 23Declaration of intention to prepare Development plan.
  25. Section 24Town Planning Officer.
  26. Section 25Provision for survey and preparation of existing-land-use map.
  27. Section 26Preparation and publication of notice of draft Development plan.
  28. Section 27Provision of Regional plan to be considered.
  29. Section 28Objections to draft Development plan.
  30. Section 29Deleted.
  31. Section 30Submission of draft Development plan.
  32. Section 31Sanction to draft Development plan.
  33. Section 32Interim Development plan.
  34. Section 33Plans for areas of Comprehensive development.
  35. Section 34Preparation of Development plan for additional area.
  36. Section 35Development plans sanctioned by State Government before commencement of this Act.
  37. Section 36Development plan prepared prior to this Act.
  38. Section 37Minor modification of final Development plan.
  39. Section 37APower of State Government or Planning Authority to permit temporary change of user.
  40. Section 38Revision of Development plan.
  41. Section 39Variation of town planning scheme by the Development plan.
  42. Section 40Special Planning Authority for developing certain notified areas.
  43. Section 41Expenses of Special Planning Authority to be met by contribution by local authorities.
  44. Section 42Implementation of plans.
  45. Section 42ADeclaration of development area.
  46. Section 42BExclusion of whole or part of development area from operation of Act.
  47. Section 42CConstitution of Area Development Authority.
  48. Section 42DAppointment of Government Company, etc., as Area Development Authority.
  49. Section 42EControl by Metropolitan Planning Committee and District Planning Committee.
  50. Section 42FPowers and functions of Area Development Authority.
  51. Section 42GExpenses of Area Development Authority.
  52. Section 43Restrictions on development of land.
  53. Section 44Application for permission for development.
  54. Section 45Grant or refusal of permission.
  55. Section 46Provisions of Development plan to be considered before granting permission.
  56. Section 47Appeal.
  57. Section 48Lapse of permission.
  58. Section 49Obligation to acquire land on refusal of permission or on grant of permission in certain cases.
  59. Section 50Deletion of reservation of designated land for interim draft of final Development plan.
  60. Section 51Power of revocation and modification of permission to development.
  61. Section 52Penalty for unauthorised development or for use otherwise than in conformity with Development plan.
  62. Section 52AProvisions relating to certain developments as compounded structure.
  63. Section 53Power to require removal of unauthorised development.
  64. Section 54Power to stop unauthorised development.
  65. Section 55Removal or discontinuance of unauthorised temporary development summarily.
  66. Section 56Power to require removal of unauthorised development or use.
  67. Section 56A.Punishment for failure to take action against unauthorised construction.
  68. Section 57Recovery of expenses incurred.
  69. Section 58Development undertaken on behalf of Government.
  70. Section 59Preparation and contents of town planning scheme.
  71. Section 60Power of Planning Authority to resolve on declaration of intention to make scheme.
  72. Section 61Making and publication of draft scheme by means of notice.
  73. Section 62Inclusion of additional area in draft scheme.
  74. Section 63Power of State Government to require Planning Authority to make scheme.
  75. Section 64Contents of draft scheme.
  76. Section 65Reconstituted plot.
  77. Section 66Compensation for discontinuance of use.
  78. Section 67Objections to draft scheme to be considered.
  79. Section 68Power of State Government to sanction draft scheme.
  80. Section 68AEffect of sanction of draft scheme.
  81. Section 69Restrictions on use and development of land after declaration for town planning scheme.
  82. Section 70Power of State Government to suspend rule, bye-law, etc.
  83. Section 71Disputed ownership.
  84. Section 72Arbitrator; his powers and duties.
  85. Section 73Certain decisions of Arbitrator to be final.
  86. Section 74Appeal.
  87. Section 75Constitution of Tribunal of Appeal.
  88. Section 76Arbitrator to assist Tribunal in advisory capacity and his remuneration.
  89. Section 77Place where Tribunal may sit.
  90. Section 78Decision of questions of law and other questions.
  91. Section 79Powers of Tribunal to decide matter finally.
  92. Section 80Tribunal not to be Court.
  93. Section 81Remuneration of Arbitrator and Assesors and payment of incidental expenses of Tribunal.
  94. Section 82Dicisions of Arbitrator to be final in certain matters.
  95. Section 83Possession of land in advance of town planning scheme.
  96. Section 84Commissioner of Police or Magistrate to enforce delivery of possession of land.
  97. Section 85Owner of land of which possession is taken entitled to interest.
  98. Section 86Sanction by State Government to preliminary or final scheme.
  99. Section 87Withdrawal for scheme.
  100. Section 88Effect of preliminary scheme.
  101. Section 89Power of Planning Authority to evict summarily
  102. Section 90Power to enforce scheme.
  103. Section 91Power to vary scheme on ground of error, irregularity or informality.
  104. Section 92Power to vary town planning scheme.
  105. Section 93Apportionment of cost of scheme withdrawn or not sanctioned.
  106. Section 94Right to appear by recognised agent.
  107. Section 95Power to compel attendance of witnesses.
  108. Section 96Joint development plans and joint town planning schemes.
  109. Section 97Cost of scheme.
  110. Section 98Calculation of increment.
  111. Section 99Contribution towards cost of scheme.
  112. Section 100Certain amount to be added to or deducted from contribution leviable from person.
  113. Section 101Transfer of right from original to reconstituted plot or extinction of such right.
  114. Section 102Compensation in respect of property or right injuriously affected by scheme.
  115. Section 103Exclusion or limitation of compensation in certain cases.
  116. Section 104Provision for cases in which amount payable to owner exceeds amount due from him.
  117. Section 105Provision for case in which value of developed plot is less than amount payable by owner.
  118. Section 106Payment by adjustment of account.
  119. Section 107Payment of net amount due to Planning Authority.
  120. Section 108Power of Planning Authority to make agreement.
  121. Section 109Recovery of arrears.
  122. Section 110Disposal of surplus amount.
  123. Section 111Execution of works in final scheme by Planning Authority.
  124. Section 112Penalty for removal of boundary stones.
  125. Section 113Designation of site for new town.
  126. Section 113APower of State Government to acquire land for Corporation or Company declared to be New Town Development Authority.
  127. Section 114Objects of Development Authority.
  128. Section 115Planning and control of development in new towns.
  129. Section 116Acquisition of land by Development Authority constituted under section 113 (2).
  130. Section 117Obligation to purchase designated land.
  131. Section 118Disposal of land by Development Authority.
  132. Section 119Directions by State Government for disposal of land.
  133. Section 120Power to make agreement for provision of services.
  134. Section 121Contributions by Development Authority towards expenditure of local authorities and statutory authority.
  135. Section 122Advances and payments by State Government to Development Authorities.
  136. Section 122APower of Development Authority to borrow and to accept deposits.
  137. Section 123Transfer of undertaking of Development Authority.
  138. Section 124Combination and transfer of Development Authorities.
  139. Section 124ALevy of development charge.
  140. Section 124BClassification of user of lands and buildings, rates of development charge and procedure for levy thereof.
  141. Section 124CDevelopment charge to be brought into force as specified by Government.
  142. Section 124DLocal publication of notification relating to development charge with notice.
  143. Section 124EAssessment and recovery of development charge.
  144. Section 124FExemptions.
  145. Section 124GAppeal.
  146. Section 124HProcedure for filing appeal.
  147. Section 124IInterest on amount of enhanced assessment or of refund.
  148. Section 124JDevelopment Fund.
  149. Section 124KStoppage of work of development and penalty.
  150. Section 124K-1Provisions of sections 124A to 124K also to apply in certain cases.
  151. Section 124LChapter to have overriding effect, but shall be in addition to existing local authority laws.
  152. Section 125Compulsory acquisition of land needed for purposes of Regional plan, Development plan or Town planning schemes, etc.
  153. Section 126Acquisition of land required for public purposes specified in plans.
  154. Section 127Lapsing of reservations.
  155. Section 128Power of State Government to acquire lands for purpose other than the one for which it is designated in any plan or scheme.
  156. Section 129Possession of land in case of urgency.
  157. Section 130Funds.
  158. Section 131Budget.
  159. Section 132Accounts and Audit of Regional Board.
  160. Section 132AAccounts and Audit of Special Planning Authority and Development Authority.
  161. Section 133Submission of report.
  162. Section 134Pension and provident funds.
  163. Section 135Power of entry.
  164. Section 136Service of notice, etc.
  165. Section 137Public notice how to be made known.
  166. Section 138Notices, etc., to fix reasonable time.
  167. Section 139Authentication of orders and documents.
  168. Section 140Offences by companies.
  169. Section 141Penalty for obstructing contractor or removing mark.
  170. Section 142Sanction of prosecution.
  171. Section 143Compounding of offences.
  172. Section 144Jurisdiction of courts.
  173. Section 145Magistrate's power to impose enhanced penalties.
  174. Section 146Members and officers to be public servants.
  175. Section 147Protection of action taken in good faith.
  176. Section 148Registration of documents, plan or map in connection with final plan or scheme not required.
  177. Section 148AExclusion of time in certain cases.
  178. Section 149Finality of orders.
  179. Section 150Validation of acts and proceedings.
  180. Section 151Power to delegate.
  181. Section 152Powers of Planning Authority or Development Authority to be exercised by certain officers.
  182. Section 153Power of Planning Authority to borrow money for Development Plan or for making or executing town planning scheme.
  183. Section 154Control by State Government.
  184. Section 155Returns and information.
  185. Section 156Effect of laws.
  186. Section 157Power to make agreements.
  187. Section 157AAuthentication of plans and scheme and custody thereof.
  188. Section 158Power to make rules.
  189. Section 159Power to make regulations.
  190. Section 159ASpecial provisions relating to New Town Development Authority and Special Planning Authority.
  191. Section 160Dissolution of Regional Planning Board, Special Planning Authority and New Town Development Authority.
  192. Section 161Vesting of property and rights of local authority ceasing to exist or ceasing to have jurisdiction.
  193. Section 162State Government or persons appointed by it may exercise power or perform duty conferred or imposed on Planning Authority and disbursement of expenses.
  194. Section 163Special provision in case of dissolution, etc., of Corporation or Zilla Parishad, etc.
  195. Section 164Deleted by Mah. 10 of 1977, s. 8.
  196. Section 165Repeal and saving.