Planning Legislation
Task – 2A A review of a state town and
country planning act
Submitted To – Prof. Vidya Ghuge
Submitted By – Natasha A Kapai
Semister – 2nd Sem , First Year
Enrol. No. – MT20UPL022
CONTENTS CONTENTS
Himachal Pradesh Town and Country Planning Act, 1977 The Maharashtra Regional and Town Planning Act, 1966
1. PELIMINARY 1. PELIMINARY
2. DIRECTOR OF TOWN AND COUNTRY PLANNING 2. PROVISIONS RELATED TO REGIONAL PLANS
3. REGIONAL PLANNING 3. DEVELOPMENT PLAN
4. PLANNING AREAS AND DEVELOPMENT PLANS 3 (a) AREA DEVELOPMENT AUTHORITY
5. SECTORAL PLAN
4. CONTROL OF DEVELOPMENT AND USE OF LAND INCLUDED IN
6. CONTROL OF DEVELOPMENT AND USE OF LAND DEVELOPMENT PLANS
7. TOWN AND COUNTRY DEVELOPMENT AUTHORITY 5. TOWN PLANNING SCHEMES
8. SPECIAL AREAS 6. NEW TOWNS
9. CONTROL 7. LAND ACQUISITION
10. REGISTRATION OF PROMOTERS AND ESTATE AGENTS 8. FINANCE, ACCOUNT & AUDIT
11. MISCELLANEOUS 9. SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS
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Ch.1 PRELIMINARY Ch.1 PRELIMINARY
Himachal Pradesh Town and Country Planning Act, 1977 The Maharashtra Regional and Town Planning Act, 1966
Section 1 Short title, extent, commencement and application Section 1 Short title, extent and commence-ment
(1) This Act may be called the Himachal Pradesh Town and Country Planning (1) This Act may be called the Maharashtra Regional and Town Planning Act,
Act, 1977. 1966.
(2) It extends to the whole of the State of Himachal Pradesh. (2) It shall extend to the whole of the State of Maharashtra.
(3) It shall come into force on such date as the State Government may, by (3) It shall come into force on such date1 as the State Government may, by
notification. notification in the Official Gazette, appoint but the State Government
may if it thinks fit bring different provisions of this Act into force at
Nothing in this Act shall apply to- different times.
(a) lands comprised within cantonment under the Cantonments Act, 1924;
(b) lands, owned, hired or requisitioned by the Central Government for the
purpose of naval, military and air force works;
(c) lands under the control of railway administration
(d) Lands owned by any department of the Central Government where
operational constructions are going on.
Section 2 Definitions ( 48 Definitions ) Section 2 Definitions ( 32 definitions )
“court” means the principal civil court of original jurisdiction in the “ Court ” means in Greater Bombay, the Bombay City Civil Court; and
district. elsewhere, the principal civil court of original jurisdiction.
“ compounded structure ” means an unauthorized structure, in respect of
which the compounding charges as levied by the Collector
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Ch.1 PRELIMINARY Ch.1 PRELIMINARY
Himachal Pradesh Town and Country Planning Act, 1977 The Maharashtra Regional and Town Planning Act, 1966
Section 2 Definitions ( 48 Definitions ) Section 2 Definitions ( 32 definitions )
“ development ” carrying out of buldings, engineering, mining, material
“development” carrying out of a building, engineering, mining or other change, in any building or land or in the use, also includes [demolition of
operations in, on, over or under land, or the making of any material any existing building, structure or erection or part of such building,
change in any building or land or in the use of either, and includes sub- structure of erection; and] [reclamation,] redevelopment and lay-out
division of any land. and sub-division of any land; and “ to develop” shall be construed
accordingly]
“Special Area Development Authority” means an authority constituted A Special Planning Authority constituted or appointed or deemed to
under section 67 have been appointed under section 40.
“local authority” means— “ local authority ” means—
a) Municipal Corporation. a) The Bombay Municipal Corporation.
b) a Municipal Council or a Nagar Panchayat. b) A Council and a Nagar Panchayat under the Maharashtra Municipal
c) Panchayati Raj Institutions or Cantonment Board or any other authority Councils, Nagar Panchayats and Industrial Townships Act, 1965.
notified by the State Government for the purposes of this Act. c) (i) Zilla Parishad (ii) Authority constituted under the Maharashtra
Housing and Area Development Act, 1976 (iii) the Nagpur Improvement
Trust.
“Director” means the Director of Town and Country Planning appointed
under this Act. “ Director of Town Planning ” means the officer appointed by the State
Government as the Director of Town Planning.
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Ch.2 DIRECTOR OF TOWN AND COUNTRY PLANNING Ch.2 REGIONAL PLANNING
Himachal Pradesh Town and Country Planning Act, 1977 The Maharashtra Regional and Town Planning Act, 1966
Section 3 Director and other officers Section 4 Constitution of Regional Planning Boards
State Government State Government – Regional Planning Board
Officer Officers have
Two houses of
Chairman knowledge of planning
state legislature
(Director of town & country planning act) ( not more than 10 )
Not more than
Officer 2 , Vice - Chairman two officers from
Officer 1
etc… each house
Director shall exercise such powers and perform such duties as are
conferred or imposed upon him by or under this Act and the officers
appointed to assist the Director shall, within such area as the State
Government may specify.
Officers appointed to assist the Director shall be subordinate to him and
shall work under his guidance, supervision and control
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Ch.3 REGIONAL PLANNING Ch.2 REGIONAL PLANNING
Himachal Pradesh Town and Country Planning Act, 1977 The Maharashtra Regional and Town Planning Act, 1966
Section 4 Establishment of Regions Section 3 Establishment of Region and alteration of its limits.
Section 5 Director to prepare regional plan Section 4 Constitution of Regional Planning Boards
Section 6 Survey Section 5 Terms of office and conditions of service of members.
Section 7 Contents of regional plan Section 6 Resignation of members.
Section 8 Preparation of regional plans Section 7 Vacancies.
Section 9 Finalisation of regional plan Section 8 Powers and duties of Board.
Section 10 Restriction on use of land or development Section 9 Meeting of Regional Board, etc.
Section 11 Exclusion from claims of amount in certain cases Section 10 Consultation or association with experts; Regional Planning
Section 12 Review of regional plan. Committee
Section 11 Power of Regional Board to appoint staff.
Duty of the Director:- (i) to carry out a survey of the regions; (ii) to Section 12 Expenses of Regional Board.
prepare an ELU map indicating the natural hazard proneness of the area; Section 13 Survey of Region and preparation of Regional plan.
and (iii) to prepare a regional plan keeping in view the regulation for land Section 14 Contents of Regional plan
use zoning for natural hazard prone area. Section 15 Submission of Regional plan to State Government for approval.
Section 16 Procedure to be followed in preparing and approving Regional
Inviting objections after ELU Prep. – 60 days plans.
Section 17 Publication of Regional plan and date of its operation.
After the date of publication of the draft regional plan no person, Section 18 Restriction on change of user of land or development thereof.
authority, department of government or any other person shall change Section 19 Exclusion of claims for compensation for injurious affection
the use of land for any purpose other than agriculture. Section 20 [Revision or modification] of Regional plan
Any person aggrieved order of the Municipal Corporation, may be, calling
upon to remove or demolish the work - appeal to the Director within 15
Days - order of the director shall be final.
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Ch.4 PLANNING AREAS & DEVELOPMENT PLAN Ch.3 DEVELOPMENT PLAN
Himachal Pradesh Town and Country Planning Act, 1977 The Maharashtra Regional and Town Planning Act, 1966
Section 13 Planning Area. Section 21 Development plan.
Section 14 Director to prepare Development Plans Section 22 Contents of Development plan
Section 15 Existing Land use Maps. Section 23 Modifications of substantial nature.
Section 16 Freezing of land use. Section24 Town Planning Officer
Section 17 Interim Development Plans Section 25 Provision for survey and preparation of existing landuse map.
Section 18 Development Plan. Section 26 Preparation and publication of notice] of draft Development plan.
Section 9 Publication of Draft Development Plan Section 27 Provision of Regional plan to be considered
Section 10 Sanction of Development Plan Section 28 Objections to draft Development plan
Section 30 Submission of draft Development plan.
The Director shall carry out the survey and prepare an existing land use Section 31 Sanction to draft Development plan
map and forthwith publish the same for objections – 30 Days. Section 32 Interim Development plan.
Section 33 Plan for areas of comprehensive development.
Due to injurious disturbance of the surface or any land or soil, or is Section 34 Preparation of Development plan for additional area.
considered detrimental to the preservation of the soil, prevention of land
slip; or protection against erosion; is likely to make it difficult to plan and
develop the area, the State Government may, by notification published in A Development plan shall generally indicate the manner in which the use
the Official Gazette, freeze the existing landuse, for a period not exceeding of land in the area of a Planning Authority shall be regulated.
***“five years.
A planning Authority shall, before carrying out a survey and preparing an
Provided that the Registrar or the Sub-Registrar may register any existing-land-use map of the area
transfer,- (i) transfer without any divisions; (ii) partition/sub-division of
land in a Joint Hindu Family; (iii) lease made in relation to a part or whole The expression “ of a substantial nature” used in relation to the
of a building; (iv) where the mortgage is made for procuring the loans for modifications made by the State Government in the draft Development
construction or improvements over the land. Plan.
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Ch.4 PLANNING AREAS & DEVELOPMENT PLAN Ch.3 DEVELOPMENT PLAN
Himachal Pradesh Town and Country Planning Act, 1977 The Maharashtra Regional and Town Planning Act, 1966
Section 13 Planning Area. Section 35 Development plans sanctioned by State Government before
Section 14 Director to prepare Development Plans commencement of this Act.
Section 15 Existing Land use Maps. Section 36 Development plan prepared prior to this Act.
Section 16 Freezing of land use. Section 37 Modification] of final Development plan.
Section 17 Interim Development Plans Section 38 Revision of Development plan.
Section 18 Development Plan. Section 39 Variation of town planning scheme by Development plan
Section 9 Publication of Draft Development Plan Section 40 Special Planning Authority for developing certain 4[notified
Section 10 Sanction of Development Plan areas].
Section 115 Planning and control in notified area.
The Director shall carry out the survey and prepare an existing land use Section 116 Power of Special Planning Authority to acquire land in notified
map and forthwith publish the same for objections – 30 Days. area.
Section 117 Obligation to purchase land in notified area.
Due to injurious disturbance of the surface or any land or soil, or is Section 41 Expenses of Special Planning Authority to be met by contribution
considered detrimental to the preservation of the soil, prevention of land by local authorities.
slip; or protection against erosion; is likely to make it difficult to plan and
develop the area, the State Government may, by notification published in Public Notice (i) twenty-four months, Municipal Corporation having
the Official Gazette, freeze the existing landuse, for a period not exceeding population of one crore or more; (ii) twelve months, Municipal
***“five years. Corporation having population of ten lakhs or more but less than one
crore, (iii) six months, in the aggregate, in any other case.
Provided that the Registrar or the Sub-Registrar may register any
transfer,- (i) transfer without any divisions; (ii) partition/sub-division of The State Government may, after consulting the Director of Town
land in a Joint Hindu Family; (iii) lease made in relation to a part or whole Planning by notification in the Official Gazette sanction the draft
of a building; (iv) where the mortgage is made for procuring the loans for Development plan
construction or improvements over the land.
Revision of Development plan - At least once in [twenty years]
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Ch.5 SECTORAL PLAN Ch.3A AREA DEVELOPMENT PLAN
Himachal Pradesh Town and Country Planning Act, 1977 The Maharashtra Regional and Town Planning Act, 1966
Section 21 Director to prepare Sectoral Plan. Section 42A Declaration of development area..
Section 22 Contents of Sectoral Plan Section 42B Exclusion of whole or part of development area from operation
Section 23 Provisions of Section 19 and 20 to apply to Sectoral Plan. of Act
Section 24 Review of Development Plan and Sectoral Plan Section 43C Constitution of Area Development Authority
The Director may, on his own motion, after publication of the Constitute an authority for such area to be called the Area
development plan, within six months of such requisition, prepare a Development Authority of that development area.
sectoral plan.
The State Government may, for the purpose of securing planned
Land liable to acquisition for public purpose. development of areas within the State.
Define and provide for the complete road and street pattern for the The State Government may, amalgamate two or more development
present and in the future and indicate the traffic circulation. areas into one development area, sub-divide any development area
into different development areas.
Indicate and provide for areas reserved for public buildings
If area of an Area Development Authority - in the jurisdiction of a
Assess, make projections for and provide for the future requirements of Metropolitan Planning Committee and also of a District Planning
amenities, services and utilities Committee, the directions issued by the Metropolitan Planning
Committee shall prevail over the directions issued by the District
Define areas which have been badly laid-out Planning Committee.
The sectoral plan - indicate- (a) control over architectural features,
elevation and frontage of buildings and structures; (b) the details of
development of specific areas.
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Ch.6 CONTROL OF DEVELOPMENT & LANDUSE OF LAND Ch.4 CONTROL OF DEVELOPMENT & THE USE OF LAND
Himachal Pradesh Town and Country Planning Act, 1977 The Maharashtra Regional and Town Planning Act, 1966
Section 25 Director to control land use Section 43 Restrictions on development of land
Section 26 Conformity with Development Plan Section 44 Application for permission for development.
Section 27 Prohibition of Development without permission Section 45 Grant or refusal of permission
Section 28 Review of Development Plan and Sectoral Plan Section 46 Provisions of Development plan to be considered before graning
Section 29 Development by local authority or by any authority constituted under this permission.
act. Section 47 Appeal
Section 30 Application for permission for development by others. Section 48 Lapse of permission.
Section 31 Grants or refusal of permission- Structural Stability Certificate Section 49 Obligation to acquire land on refusal of permission or on grant of
Section 32 Appeal permission in certain cases.
Section 33 Revision Section 50 Deletion of reservation of designated land for interim draft of final
Section 34 Lapse of permission – 3 Years Development plan.
Section 35 Obligation to acquire land Section 51 Power of revocation and modification of permission to development
Section 36 Deletion of reservation of designated land from draft or final Section 52 Penalty for un authorised development or for use otherwise than in
development plan conformity with Development plan
Section 37 Power of revocation and modification or permission to development Section 53 Power to require removal of unauthorised development.
Section 38 Penalty for unauthorized development or for use other than in conformity Section 54 Power to stop un authorised developments
with development plan Section 55 Removal or discontinuance of unauthorised temporary development
Section 39 Power to require removal of unauthorized development summarily
Section 56 Power to require removal of authorised development or use.
After coming into operation - development plan, no person shall change the Section 57 Recovery of expenses incurred
use of any land without the permission in writing of the Director. Section 58 Development undertaken on behalf of Government.
Any development on any land shall make an application in writing to the
Director raises any objection to proposed development - where no
Planning Authority for permission.
modification is proposed by the Director within thirty days of the receipt of
the proposed plan by the Government, the plan will be presumed to have
Every permission for development granted or deemed for(45&47)-1 year.
been approved.
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Ch.7 TOWN & COUNTRY DEVELOPMENT AUTHORITY Ch.6 NEW TOWNS
Himachal Pradesh Town and Country Planning Act, 1977 The Maharashtra Regional and Town Planning Act, 1966
Section 40 Establishment of Town and Country Development Authority Section 113 Designation of site for new town
Section 41 Incorporation of Town and Country Development Authority Section 114 Objects of Development Authority
Section 42 Constitution of Town and Country Development Authority Section 115 Planning and control of development in new towns.
Section 43 Term of office of Chairman and other members Section 116 Acquisition of land by Development Authority 3[constituted
Section 44 Resignation of Members and filling of casual vacancy under section 113 (2)]
Section 45 Salary and allowances. Section 117 Obligation to purchase designated land.
Section 46 Leave of absence and appointment etc. of acting Chairman Section 118 Disposal of land by Development Authority.
Section 47 Meeting of Town and Country Development Authority Section 119 Directions by State Government for disposal of land.
Section 48 Chief Administrator Section 120 Power to make agreement for provision of services
Section 49 Other officers and servants Section 121 Contributions by Development Authority towards expenditure of
Section 50 Conditions of service of Chief Administrator and officers and local authorities and statutory authority
servants Section 122 Advances and payments by State Government to Development
Authorities.
The State Government may, by notification, establish a Town and Country Section 123 Transfer of undertaking of Development Authority.
Development Authority Section 124 Combination and transfers of Development Authorities
State Government
The New Town Development Authority shall consist of a Chairman, a Vice-
Chairman, 2[two members representing the local authorities functioning
Chairman in the Region and such number of other members not exceeding seven]
Officers ( not more than
12 )
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Ch.8 SPECIAL AREAS Ch.7 LAND ACQUISITION
Himachal Pradesh Town and Country Planning Act, 1977 The Maharashtra Regional and Town Planning Act, 1966
Section 66 Constitution of Special Areas Section 125 Compulsory acquisition of land needed for purposes of Regional
Section 67 Special Area Development Authority plan, Development plan, or town planning schemes, etc.
Section 68 Incorporation of Special Area Development Authority
Section 69 Staff Section 126 Acquisition of land required for public purposes spcified in plans.
Section 70 Functions Section 127 Lapsing of reservations.
Section 71 Powers.
Section 72 Fund of Special Area Development Authority Section 128 Power of State Government to acquire lands for purpose other
Section 73 Annual estimates than the one for which it is designated in any 6* plan or scheme
Section 129 Possession of land in case of urgency.
If any area, town or township, is designated as a special area in the
regional plan or if the State Government is otherwise satisfied that it is
expedient in the public interest that any area. Land Acquisition Act, 1894
Every Special Area shall have Special Area Development Authority,– (a) On publication of a declaration under the said section 6, the Collector
Chairman; and (b) Such other members as the State Government may shall proceed to take order for the acquisition of the land under the said
determine from time to time who shall be appointed by the State Act.
Government.
Possession of land in case of urgency - The Planning Authority, the
The Special Area Development Authority shall:- (a) for the purpose of Development Authority or as the case may be, Appropriate Authority shall
acquisition of land, make a request to the State Government to acquire subject to the provisions of sub-section (1), pay to the owner concerned
land for public purpose under the provisions of “Right to Fair interest at 4 per cent. per annum, on the amount of compensation from
Compensation and Transparency in Land Acquisition, Rehabilitation and the date of taking possession of the land under acquisition to the date of
Resettlement Act, 2013”. payment.
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Ch.7 TOWN & COUNTRY DEVELOPMENT AUTHORITY Ch.5 TOWN PLANNING SCHEMES
Himachal Pradesh Town and Country Planning Act, 1977 The Maharashtra Regional and Town Planning Act, 1966
Section 51 Town Development Schemes Section 60 Power of Planning Authority to resolve on declaration of intention
Section 52 Preparation of town development scheme to make scheme
Section 53 Power to receive the development scheme Section 61 Making and publication of draft scheme 4[by means of notice].
Section 54 Power of State Government to give Directions Section 62 Inclusion of additional area in draft scheme
Section 55 Restriction on land use and development Section 63 Power of State Government to require Planning Authority to make
Section 56 Lapse of scheme scheme.
Section 57 Town development scheme public purpose Section 64 Contents of draft scheme
Section 58 Acquisition of land for Town and Country Development Authority Section 65 Reconstituted plot.
Section 59 Developments Section 66 Compensation for discontinuance of use
Section 60 Disposal of land, buildings and other development works Section 67 Objections to draft scheme to be considered.
Section 61 Development charges Section 68 Power of State Government to sanction draft scheme.
Section 62 Mode of Levy Section 69 Restrictions on use and development of land after declaration for
Section 63 Fund of Town and Country Development Authority town planning scheme
Section 70 Compensation for discontinuance of use
Section 71 Objections to draft scheme to be considered.
Time span of :- Time span of :-
a)Making and publication of draft scheme:- a)Making and publication of draft scheme:-
1)MRTP : 9 months for making draft and publishing. 1)MRTP : 9 months for making draft and publishing.
b)Extension period :- b)Extension period :-
1)MRTP : 3 months. 1)MRTP : 3 months.
Not later than thirty days from the date of such declaration of intention to Not later than thirty days from the date of such declaration of intention to
make a scheme (hereinafter referred to as the declaration), the Planning make a scheme (hereinafter referred to as the declaration), the Planning
Authority shall publish the declaration in the Official Gazette. Authority shall publish the declaration in the Official Gazette.
The size and shape of every reconstituted plot shall be determined. The size and shape of every reconstituted plot shall be determined.
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INFERENCES INFERENCES
Himachal Pradesh Town and Country Planning Act, 1977 The Maharashtra Regional and Town Planning Act, 1966
“ local authority ” means—
“local authority” means— a) The Bombay Municipal Corporation.
a) Municipal Corporation. b) A Council and a Nagar Panchayat under the Maharashtra Municipal
b) a Municipal Council or a Nagar Panchayat. Councils, Nagar Panchayats and Industrial Townships Act, 1965.
c) Panchayati Raj Institutions or Cantonment Board or any other authority c) (i) Zilla Parishad (ii) Authority constituted under the Maharashtra
notified by the State Government for the purposes of this Act. Housing and Area Development Act, 1976 (iii) the Nagpur
Improvement Trust.
“ Director of Town Planning ” means the officer appointed by the State
“Director” means the Director of Town and Country Planning appointed Government as the Director of Town Planning.
under this Act.
Constitution of Regional Planning Boards to prepare regional plan
Director to prepare regional plan
Town Planning Officer to prepare Development Plans
Director to prepare Development Plans
Area Development Plan – In MRTP Act.
Director to prepare Sectoral Plan – In HPTP Act and not in MRTP.
Every permission for development granted or deemed for(45&47)-1
Lapse of permission – 3 Years year.
“Right to Fair Compensation and Transparency in Land Acquisition, Land Acquisition Act, 1894
Rehabilitation and Resettlement Act, 2013”.
Natasha Kapai MT20UPL022 SHEET 14
Submitted To – Prof. Vidya Ghuge
Submitted By – Natasha A Kapai
Semister – 2nd Sem , First Year
Enrol. No. – MT20UPL022
