Maharashtra Regional and Town Planning Act, 1966 Vocabulary

Remaining Provisions of Maharashtra Regional and Town Planning Act, 1966 (Part II - Sec 113 to 162)

Chapter VI: New Towns

113. Designation of Site for New Town

• (1) If the State Government believes it's in the public interest to develop an area as a new town, as designated in a Regional Plan, it can notify this area as the site for the new town. The notification will specify the name of the new town.
• (2) After the notification, the State Government will establish a New Town Development Authority to acquire, develop, and dispose of land within the new town area. The New Town Development Authority will consist of:
  • A Chairman
  • A Vice-Chairman
  • Two members representing local authorities in the region
  • Up to seven members with special knowledge in town and country planning
  • A Town Planning Officer
  • A Chief Executive Officer (Total 13 members)
• The Chairman, Vice-Chairman, and other members are appointed by the State Government.
• (3) The Chief Executive Officer serves as the Secretary of the Development Authority.
• (3A) If developing a new town is complex and large-scale, the State Government may assign the development and land disposal work to a corporation (including a state-owned company or its subsidiary) that specializes in new town development. This corporation will act as an agent of the State Government and be declared as the New Town Development Authority via official notification.
• (5) Upon the establishment or declaration of a Development Authority, all other authorities previously functioning in the area will cease to do so.
• (8) The Development Authority has the powers and duties of a Planning Authority under the Act, including those under Chapters III and IV. The procedural provisions of the Act also apply.

113A. Power of State Government to Acquire Land for Corporation or Company Declared as New Town Development Authority

• The State Government can acquire land designated under this Act either through agreement or under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

114. Objects of Development Authority

• (1) The primary object of a Development Authority is to ensure the layout and development of the new town according to approved proposals under this Act.
• To achieve this, the Authority has the power to:
  • Acquire, hold, manage, and dispose of land and property.
  • Carry out building and other construction operations.
  • Provide essential services like water, electricity, gas, and sewerage.
  • Undertake any necessary or expedient actions for the new town and related purposes.

115. Planning and Control of Development in New Towns

• The Development Authority must periodically submit development proposals to the State Government, following any directions given by the State Government.
• The State Government, after consulting with the Director of Town Planning, may approve these proposals with or without modifications.

116. Acquisition of Land by Development Authority

• A Development Authority has the powers of a Planning Authority under Chapter VII for land acquisition, either by agreement or under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for:
  • Land within the designated new town area.
  • Land adjacent to the new town area required for its development.
  • Land (adjacent or not) needed for providing services and amenities to the new town.

117. Obligation to Purchase Designated Land

• If land within the new town site hasn't been acquired by the State Government or Development Authority within ten years of the notification date, the landowner can serve a written notice requiring them to acquire the land.
• In this case, the provisions of Section 127 regarding the lapsing of reservations will apply, similar to land reserved under any plan under this Act.

118. Disposal of Land by Development Authority

• (1) Subject to State Government directions, a Development Authority can dispose of acquired land or land vested in it to individuals or entities, in a manner and with terms that best secure the new town's development as per State Government-approved proposals.
• However, the Development Authority needs State Government consent to:
  • Sell any land.
  • Grant a lease for longer than ninety-nine years.
    There is also the State Government should only provide consent if there exist situations that allow for such land disposal..

119. Directions by State Government for Disposal of Land

• The State Government can direct a Development Authority on how to dispose of acquired land or land vested in it and on the development of such land.
• These directions aim to preserve features or objects of special architectural or historic interest.

121. Contributions by Development Authority Towards Expenditure of Local Authorities and Statutory Authority

• A Development Authority can contribute sums to local authorities, Planning Authorities, or statutory bodies, with the State Government's consent.
• These contributions are for expenditures related to the new town, including land acquisition.

123. Transfer of Undertaking of Development Authority

• A Development Authority can transfer part of its property to a local authority or Planning Authority via an agreement approved by the State Government.
• Before approving the agreement, the State Government must:
  • Publish a notice in the Official Gazette.
  • Publish a notice in one or more local newspapers stating that the agreement has been submitted for approval and describing its general effect.

Chapter VIA: Levy of Development Charge

124A. Levy of Development Charge

• (1) The Planning Authority or Development Authority will levy a development charge within its jurisdiction.
• This charge applies to:
  • The institution or change of use of any land or building.
  • The development of any land or building requiring permission under this Act.
• The rates will be specified under the provisions of this Chapter.
• (2) The development charge is levied on anyone who institutes or changes the use of land or undertakes any development.
  • If permission was granted before August 10, 1992 (for layout), no development charges are applicable.
    This does not apply to demolition of existing building, structure or erection, or part of such building, structure or erection.
  • No charge on the use or change of use of any land or building, or development of any land or building, or both which have a development permission that has been granted or is seemed to have been granted. No charge in respect to such land.
  • Nothing in this chapter shall apply to demolition of any existing building, structure or erection, or part of such building, structure or erection.

124B. Classification of User of Lands and Buildings, Rates of Development Charges and Procedure for Levy Thereof

• (1) (a) Land and building usage is classified for assessing the development charge:
  • (i) Industrial
  • (ii) Commercial
  • (iii) Residential
  • (iv) Institutional
• (1) (b) Classification is based on the predominant purpose for which the land and building are used.
• (2) From the commencement of the Maharashtra Regional and Town Planning (Amendment) Act, 2010, the Authority levies development charges as specified in column (4) of the Second Schedule. The Authority may enhance this rate over time.
  • Rates can be reduced but not below the rates specified in Second Schedule column four, also rates are subject to the provisions of this Chepter.
  • The development charges will be boosted by 100% where the State Government announces its plan to start Vital Urban Transport Projects within the area of any Planning Authority or a New Town Development Authority under this Act. ( starting from the date after the govt's gazette that declares the intention to take the project.).

Vital Urban Transport Project means a project related to Mass Rapid Transport System such as Metro Rail, Mono Rail, Bus Rapid Transport System and includes Freeway, Sealink, etc.

• (3) Before enhancing or reducing the rate, the Authority must:
  • (a) Approve regulations prescribing the proposed development charge rates via a resolution at a special meeting.
  • (b) Obtain prior sanction from the State Government for the regulations.

Second Schedule

124C. Development Charge to be Brought into Force as Specified by Govt.

• The development charge comes into effect on or after the date specified by the State Government in its sanction, after the regulations are sanctioned under section 124B.

124D. Local Publication of Notification Relating to Development Charge with Notice

• (1) The regulations, as sanctioned and published in the Official Gazette, must be displayed by the Authority on a notice board in its office.
• The Authority must also publish a notice in a local newspaper informing the inhabitants of the area within its jurisdiction.
• (2) When the rates are enhanced or reduced under section 124B, separate notices to landowners or occupants are not required.

124E. Assessment and Recovery of Development Charge

• (1) Anyone intending to carry out development or change the use of land/building after the commencement of the Maharashtra Regional and Town Planning (Amendment) Act, 1992, for which permission is required, must apply to the Authority for assessment of the development charge.
• (2) The Authority will, upon application or if no application being made serve a person notification to liable people call for a report, then determine if development charge is leviable or not and provide notice of such evaluation in writing: where permission for doing said development, the Authority can delay the evaluation of the development charge.
• (3) The amount due must be paid within 30 days, late payments will have a 18\% interest applied per annum on the outstanding amount payable from the date after the 30 days date.
• (4) The Authority is responsible for collecting all development charges within its jurisdiction.
• (5) (a) The development charge and any interest payable is the first charge on the land or building, subject to prior payment of land revenue.
• (b) The development charge and interest are recoverable from the person liable or their successor-in-interest as an arrear of land revenue.
• (6) A promoter (as defined in the Maharashtra Ownership Flats Act, 1963) is liable to pay the development charge and interest.
• Any outstanding amount is the first charge on any other property owned by the promoter, subject to prior payment of land revenue.

124F. Exemptions

• (1) No development charge is levied on land or buildings vested in or controlled by the Central or State Government or any local authority.
• (2) The State Government may exempt warehouses, godowns, educational institutions, medical institutions, or charitable institutions partially from the development charge.
• (3) The State Government may exempt a Special Township Project undertaken by a private developer under the Special Development Control Regulations from the development charges.

124G. Appeal

• (1) Any person aggrieved by an order passed by the Authority may appeal to the State Government or an officer appointed by the State Government (not below the rank of Deputy Secretary).
• The appeal must be made in the prescribed manner and accompanied by the required fees.
• (2) The State Government or the appointed officer may confirm, reduce, enhance, or annul the assessment after giving the appellant and the Authority a reasonable opportunity to be heard.
• (3) If the assessment is annulled, the State Government or officer may direct the Authority to make a fresh assessment after further inquiry.
• (4) Every order passed in appeal is final and cannot be questioned in any suit or legal proceedings.

124H. Procedure for Filing Appeal

• No appeal will be entertained unless:
  • (a) The appeal is brought within forty-five days of receiving the notice of assessment:
    • The State Government or officer may admit an appeal after this period if satisfied that there was sufficient cause for the delay.
  • (b) The amount claimed in the notice of assessment, along with interest, has been deposited in the office of the Authority.

124 I. Interest on Amount of Enhanced Assessment or of Refund

• If the assessment is enhanced or an amount is required to be refunded as a result of an appeal, interest at 18\% per annum will be payable:
  • (a) On the amount to be recovered, from the date of the original assessment notice until the date of recovery.
  • (b) On the amount to be refunded, from the date of payment until the date of refund.

124J. Development Fund

• (1) A separate fund called the "Development Fund" must be established and shown separately in the Authority's budget.
• (2) All moneys received as development charges and interest must be credited to the Development Fund.
• (3) The funds can only be used for:
  • Acquisition and development of land reserved for public purposes in any plan or scheme.
  • Providing public amenities and their maintenance.
    • The amount levied and collected due to increases the development charge can be applied from directions issued by the State Government from time to time for one or multiple vital urban transport projects as defined by this subsection

124K. Stoppage of Work of Development and Penalty

• (1) If anyone starts development or changes the use of land/building without paying the development charge, the Authority may serve a notice to stop the work.
• The person must discontinue the development or change of use from the time of the service of such notice.
• (2) The notice may require:
  • (a) Demolition of the development work within a specified time.
  • (b) Discontinuance of any further development or change of use.

124K-1. Provisions of Section 124A to 124K Also to Apply in Certain Cases

• The provisions of sections 124A to 124K apply to cases where development permission is under clauses (ii) or (iii) of sub-section (1) of section 18, notwithstanding anything in the draft or final Regional plan.
• The development charge collected will be assigned to the Village Panchayat where the land is situated.
• This amount will be used by the Village Panchayat to provide or develop basic amenities and infrastructure.

Chapter VII: Land Acquisition

125. Compulsory Acquisition of Land Needed for Purposes of Regional Plan, Development Plan, or Town Planning Schemes, Etc.

• Any land needed for a public purpose within a Regional plan, Development plan, or town planning scheme is deemed to be land needed for a public purpose under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
• The procedure specified in sections 4 to 15 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall not be applicable for acquisition of such lands.

126. Acquisition of Land Required for Public Purposes Specified in Plans

• (1) If land is required or reserved for a public purpose in any plan or scheme, the Planning Authority, Development Authority, or Appropriate Authority may acquire the land:
  • (a) By agreement by paying an amount agreed to.
  • (b) By granting the landowner or lessee Floor Space Index (FSI) or Transferable Development Rights (TDR) against the area of land surrendered free of cost and free from all encumbrances. Additional FSI or TDR may also be granted against the development or construction of the amenity on the surrendered land, Floor Space Index (FSI) or Transferable Development Rights (TDR) against the area of land surrendered free of cost and free from all encumbrances and approved for the final development control regulations or
  • (c) By applying to the State Government for acquisition under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
• Land and amenity construction handed over shall then vest in the appropriate authority.
• (2) If the State Government is satisfied that the land is needed for the specified public purpose, it may declare this in the Official Gazette, following the manner in section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
  • Declaration shall be made after the expiry of one year from the date publication of the draft Regional Plan, Development Plan or any other Plan, or Scheme, as the case may be.
• (3) Upon publication of the declaration, the Collector will proceed to acquire the land under the said Act:
  • (a) For a new town, the market value is that on the date of publication of the notification establishing the Development Authority.
  • (b) For a Special Planning Authority, the market value is that on the date of notification of the area as undeveloped.
  • (c) In other cases, the market value is that on the date of publication of the interim development plan, the draft development plan, or the plan for comprehensive development, whichever is earlier, or the draft Town Planning Scheme.
• (4) The State Government may make a fresh declaration for acquiring after the time period is up in sub-section two, the market value of the land will be the market value at the date listed on the official gazette.

127. Lapsing of Reservations

• (1) If land reserved in a plan is not acquired by agreement within ten years of the final plan coming into force, or if a declaration under section 126(2) or (4) is not published within that period, the landowner may serve notice to the Planning Authority, Development Authority, or Appropriate Authority.
• If the land is not acquired, or steps for acquisition are not commenced, within twenty-four months of the notice, the reservation lapses.
• The land is then released from the reservation and becomes available for development permissible for adjacent land.
• (2) The Government shall notify the lapsing of the reservation in the Official Gazette via and order.

128. Power of State Government to Acquire Lands for Purpose Other Than the One for Which it is Designated in Any Plan or Scheme

• (1) The State Government can acquire land designated in a plan for one purpose for a different public purpose, notwithstanding anything in this Act, under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
• (3) Upon the land vesting in the State Government under Section 38 or 40 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the relevant plan or scheme shall be deemed to be suitably varied.

129. Possession of Land in Case of Urgency

• (1) After publishing a notification under section 126(2), if the State Government deems possession of land urgently required for defence, national security, natural calamities, or other emergencies, it may authorize the Collector to take possession after a fifteen-day notice.
• The right or interest in that land is extinguished from the date specified, and the land vests in the State Government free from encumbrances.
  The Collector shall offer the person compensation before and after being dispossesed for the standing crops and trees, and any other damages. If such offer is not accepted, the value shall be accepted under fair compensation as provided by the provisions in section 28 of the Right to Fair Compensation and Tranency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
• (2) The Planning Authority, Development Authority, or Appropriate Authority shall pay compensation as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, from the date of taking possession.
• (3) The Authority may, at the request of the person, pay an advance. not exceeding two-thirds of the amount after executing an agreement under section 157.

Chapter IX: Supplemental and Miscellaneous Provisions

135. Power of Entry

• (1) The Director of Town Planning, authorized officers, Town Planning Officers, Arbitrators, or authorized persons may enter any land or building to prepare a plan or scheme under this Act.

137. Public Notice How to be Made Known

• Notices given under this Act or Rules or Regulations must be made public by:
  • Affixing copies in conspicuous public places.
  • Publishing by beat of drum.
  • Advertising in local newspapers.
  • Other means the authority thinks fit.

139. Authentication of Orders and Documents

• All permissions, orders, decisions, notices, and documents of a Regional Board, Planning Authority, or Development Authority must be authenticated by the signature of the Secretary or authorized officer.

142. Sanction of Prosecution

• No prosecution for offences under this Act can be instituted or withdrawn without the previous sanction of the Regional Board, Planning Authority, or Development Authority.

143. Compounding of Offences

• (1) The concerned Authority or authorized person may compound any offence punishable under this Act.
• (2) When an offence is compounded, the offender is discharged, and no further proceedings are taken.

144. Jurisdiction of Courts

• No court inferior to a Judicial Magistrate of the First Class can try an offence under this Act.

148. Registration of Documents, Plan or Maps

• (1) The Indian Registration Act, 1908, does not require the registration of documents, plans, or maps prepared in connection with a final Regional plan, Development plan, or town planning scheme in force, All be deemed to be registered.

148-A. Exclusion of Time in Certain Cases

• The period during which actions could not be completed under Chapters II, III, IV, and V due to court orders, election conduct codes, or government guidelines/lockdowns to prevent pandemics or disasters shall be excluded when computing time periods under those chapters.

149. Finality of Orders

• Orders passed by the State Government or notices issued by any Authority under this Act are final and cannot be questioned in legal proceedings, unless otherwise expressly provided.

151. Power to Delegate

• The State Government, Director of Town Planning, Regional Board, Planning Authority, Development Authority, Town Planning Officer can delegate powers to subordinate officers.

152. Powers of Planning Authority or Development Authority to be Exercised by Certain Officers

• The powers and functions of a Planning Authority or New Town Development Authority under specified sections (25, 43, 44, 45, 46, 49, 51, 53, 55, 56, 58, 89, 90, 107, 112, 126(1)(b), 135, 136, and 142) will be exercised by:
  • Municipal Corporation: The Municipal Commissioner or appointed officer.
  • Zilla Parishad: The Chief Executive Officer or appointed officer.
  • Municipal Council: The Chief Officer of the Council.
  • Other local authority, Special Planning Authority, or New Town Development Authority: The Chief Executive Officer or person exercising such powers.

154. Control By State Government

• (1) The State Government may issue directions or instructions to any Authority to implement Central or State Government programs, policies, or projects, for efficient administration of this Act, or in the larger public interest.
• The Authority must carry out these directions within any specified time limit.

156. Effect of Laws

• Development is not deemed lawful solely because permission was obtained under other laws if permission has not been obtained under this Act.
• Development duly permitted by the Village Panchayat within the gaothan area, or gunthewari development regularized under the Maharashtra Gunthewari Developments Act, 2001, is not treated as unauthorized development under this Act.

157A. Authentication of Plans and Schemes and Custody Thereof

• (1) Every Regional plan, Development plan, or town planning scheme sanctioned by the State Government must be drawn up in duplicate and authenticated under seal and signature of the Secretary to Government, Urban Development or such other officer not below the rank of a Deputy Secretary as may be specified by the Secretary one being with the Director, the other being with the Planning Authority or the Board.
• (1A) such plan or scheme required under sub-section (1) of this section to bear the signature of the Secretary or such other officer shall be deemed to be properly signed if the first and the last page of such plan or scheme are signed by the Secretary or such other officer and the intervening pages thereof bear the seal and fascimile of the Secretary or such other officer thereon.
• (2) The plan or scheme deposited shall be kept under lock and key
• certified copies are on payment of a fee

160. Dissolution of Regional Planning Board, Special Planning Authority and New Town Development Authority

• (1) The State Government may dissolve a Regional Board, Special Planning Authority, or Development Authority if its purposes have been substantially achieved or if the work should be entrusted to a corporation, company, or subsidiary company under section 113(3A).
• This is done via notification in the Official Gazette.

162. Power of State Government to Appoint Officer

• (1) If the State Government believes an Authority is not competent or neglects to perform its duties, the State Government may appoint someone to exercise such power or perform duties of such officer.