Part VIII (Ex. 54) (Dated 31st August 2020) (URBAN DEVELOPMENT DEPARTMENT (MAHARASHTRA ORDINANCE No. XV of 20…

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महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, ऑगस्ट ३१, २०२०/भाद्र ९, शके १९४२ १

RNI No. MAHENG /2009/35528

महाराष्ट्र शासन राजपत्र

असाधारण भाग आठ

वर्ष ६, अंक २८] सोमवार, ऑगस्ट ३१, २०२०/भाद्र ९, शके १९४२ [पृष्ठे ४, किंमत : रुपये २७.००

असाधारण क्रमांक ५४

प्राधिकृत प्रकाशन

महाराष्ट्र विधानमंडळाचे अधिनियम व राज्यपालांनी प्रख्यापित केलेले अध्यादेश व केलेले विनियम आणि

विधि व न्याय विभागाकडून आलेली विधेयके (इंग्रजी अनुवाद).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Regional and Town Planning (Amendment) Ordinance, 2020 (Mah. Ord. XV of 2020), is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,

Secretary (Legislation) to Government,

Law and Judiciary Department.

[Translation in English of the Maharashtra Regional and Town Planning (Amendment) Ordinance, 2020 (Mah. Ord. XV of 2020), published under the authority of the Governor.]

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URBAN DEVELOPMENT DEPARTMENT

Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk, Mumbai 400 032, dated the 31st August 2020.

MAHARASHTRA ORDINANCE No. XV OF 2020.

AN ORDINANCE

further to amend the Maharashtra Regional and Town Planning Act, 1966.

WHEREAS both the Houses of the State Legislature are not in session;

AND WHEREAS the Governor of Maharashtra is satisfied that the circumstances exist which render it necessary for him to take immediate action further to amend the Maharashtra Regional and Town Planning Act, 1966, for the purposes hereinafter appearing;

Mah. XXXVII of 1966.

भाग आठ--५४---१

(१)२ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, ऑगस्ट ३१, २०२०/भाद्र ९, शके १९४२ NOW, THEREFORE, in the exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor of Maharashtra is hereby pleased to promulgate the following Ordinance, namely :—

1. (1) This Ordinance may be called the Maharashtra Regional and Town Short title and commencement. Planning (Amendment) Ordinance, 2020.

(2) It shall be deemed to have come into force on the 23rd March 2020.

Mah. XXXVII of 1966.

Amendment of section 26 of Mah. XXXVII of 1966.

2. In section 26 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as "the principal Act"), in sub-section (1), in the third proviso, in clause (ii), for the words "in case of Municipal Corporation" the words "in case of Municipal Corporation or Planning Authority, as the case may be," shall be substituted.

Amendment of section 148-A of Mah. XXXVII of 1966.

3. In section 148-A of the principal Act, after the words "in respect of any election" the words "or due to enforcement of any Guidelines or lockdown measures by the Government of India or the State Government, as the case may be, to prevent the spread of any pandemic or epidemic or disaster situation arising in the Country or State" shall be inserted.

महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, ऑगस्ट ३१, २०२०/भाद्र ९, शके १९४२ ३

STATEMENT

The Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), has been enacted with a view to make provisions 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, etc.

2. The said Act, inter alia, provides for a time-bound programme for all the planning process and if the Planning Authority fails to make the planning within the specified period, the entire process of planning may get lapsed. The Act also provides for a timeline regarding development permission, acquisition of land and other permissions, and after the specified period, the relevant permissions are deemed to have been approved or, the relevant action are deemed to be lapsed, as the case may be.

3. In the backdrop of the lockdown to prevent the spread of pandemic Covid-19 Corona Virus, it is considered expedient to amend sections 26 and 148- A of the said Act. It is, therefore, considered expedient to provide that the said amendments shall effect from the 23rd March 2020, being the date of enforcement of the lockdown measures due to pandemic in the State.

4. The salient features of the proposed amendments are as under :—

(i) Amendment of section 26.— Section 26 of the said Act provides that every Planning Authority shall prepare and publish the draft Development plan for the area under its jurisdiction, within the period of two years from the date of declaration of intention to prepare the Development plan. The said section, inter alia, also provides that such period may be extended by twenty-four months in case of Municipal Corporation having population of one crore or more and twelve months in case of Municipal Corporation having population ten lakh or more but less than one crore. It is proposed to provide that such period may also be extended in case of planning authorities having population of ten lakh or more.

(ii) Amendment of section 148-A.— Section 148-A of the said Act provides for exclusion of time in computing the period in relation to any Development plan, Regional plan or scheme under the provisions of Chapters II, III, IV and V of the Act. Said section 148-A provides that, in computing the period or periods during which any action could not be completed under the said Chapters due to any interim order of any court or due to enforcement of any Code of conduct by the Election Commission of India or the State Election Commission in respect of any election, shall be excluded. It is also proposed to exclude the period of enforcement of guidelines or lockdown measures of any pandemic or epidemic or disaster situation in the Country or State, as the case may be, in computing the period in relation to any Development plan, Regional plan or scheme under the provisions of said Chapters.

४ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, ऑगस्ट ३१, २०२०/भाद्र ९, शके १९४२

5. As both Houses of the State Legislature are not in session and the Governor of Maharashtra is satisfied that circumstances exist which render it necessary for him to take immediate action further to amend the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), for the purposes aforesaid, this Ordinance is promulgated.

Mumbai, BHAGAT SINGH KOSHYARI, dated the 28th August 2020. Governor of Maharashtra.