RNI No. MAHENG /2009/35528
महाराष्ट्र शासन राजपत्र
असाधारण भाग आठ
वर्ष १०, अंक ११] शुक्रवार, मार्च १५, २०२४/फाल्गुन २५, शके १९४५ [पृष्ठे ४, किंमत : रुपये २७.००
असाधारण क्रमांक ३२
प्राधिकृत प्रकाशन
द्धन्रु]क्ष् ह्यम्द्धहभ् +ह्यह्यद्ध म् न्ह्र ह्य ॅ + म् ॅ ह्यम्ह्यद्ध +ह्य
ह्यम्ह्य म् ह्यम्ॅ +्र ह्यम्ॅ (ह्र +ाम्).
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, 2024 (Mah. Ord. III of 2024), is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
SATISH WAGHOLE,
Secretary (Legislation) to Government,
Law and Judiciary Department. [Translation in English of the Maharashtra Regional and Town Planning (Amendment) Ordinance, 2024 (Mah. Ord. III of 2024), published under the authority of the Governor].
—————
URBAN DEVELOPMENT DEPARTMENT
Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,
Mumbai 400 032, dated the 15th March 2024.
MAHARASHTRA ORDINANCE No. III OF 2024.
AN ORDINANCE
further to amend the Maharashtra Regional and Town
Planning Act, 1966.
WHEREAS both Houses of the State Legislature are not in session;
(१)
भाग आठ--३२---१२ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, मार्च १५, २०२४/फाल्गुन २५, शके १९४५ AND WHEREAS 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, for the purposes hereinafter appearing ;
Mah. XXXVII of 1966.
NOW, THEREFORE, in 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 Planning (Amendment) Ordinance, 2024.
Short title and commence- ment.
(2) It shall come into force at once.
2. In section 30 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as "the principal Act"), in sub-section (1), for
Mah. XXXVII of 1966.
the words "six months" the words "twelve months" shall be substituted and Amendment of section 30 of Mah. XXXVII of 1966.
shall be deemed to have been substituted with effect from the 23rd March 2020.
3. In section 31 of the principal Act, in sub-section (1),—
Amendment of
section 31 of
(i) for the words "six months" the words "twelve months" shall be Mah. XXXVII
substituted and shall be deemed to have been substituted with effect from of 1966.
the 23rd March 2020;
(ii) for the first proviso, the following proviso shall be substituted, namely :—
"Provided that, the State Government may, if it thinks fit, whether the said period has expired or not, extend from time to time, by notification in the Official Gazette, the period for sanctioning the draft Development plan or refusing to accord sanction thereto, by such further period as may be specified in the notification :";
(iii) third and fourth provisos shall be deleted.
महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, मार्च १५, २०२४/फाल्गुन २५, शके १९४५ ३STATEMENT
The Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) is enacted to make provisions for planning the development and use of land in the regions established under the Act. Chapter III of the said Act provides for the procedure to be followed for declaration of intention, preparation, submission and sanction to Development plan with a view to ensure that the Town Planning Schemes are made in proper manner and their execution is made effective.
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 actions are deemed to be lapsed, as the case may be.
3. Section 30 of the said Act provides that, every Planning Authority shall submit the draft Development plan to the State Government for sanction within a period of six months from the date of publication of the notice in the Official Gazette regarding its preparation under section 26 or within such extended period as mentioned in the proviso thereof.
Section 31 of the said Act provides that, the State Government may sanction the draft Development plan submitted to it by the Planning Authority within the period of six months from the date of its receipt from the Planning Authority or within such extended period as mentioned in the first proviso thereof.
4. It is noticed that, during the years 2017 and 2018 there has been increase in the number of Planning Authorities such as Municipal Councils and Nagar Panchayats, therefore, it has become necessary to prepare the Development plan for such Planning Authorities. The Government has, vide Government Resolution, Urban Development Department, dated the 25th January 2019, directed the Planning Authorities to prepare draft Development plan by using Geographical Information System (GIS). While preparing and sanctioning the draft Development plan number of suggestions and objections are received by the Planning Authorities and the State Government. Therefore, it has become difficult to consider the suggestions and objections so received and to complete the procedure of preparing and sanctioning the draft Development plan within stipulated time limit. Due to this, there is possibility that the process of preparation and sanction of the draft Development plan under Chapter III may get lapsed due to short period provided in the Act and ultimately this may affect the development process of areas within the jurisdiction of such Planning Authorities.
४ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, मार्च १५, २०२४/फाल्गुन २५, शके १९४५It is, therefore, necessary to increase the period from six months to twelve months under sub-section (1) of section 30 and sub-section (1) of section 31 and empower the State Government to extend the period for sanctioning the draft Development plan submitted to it by the Planning Authority, by notification in the Official Gazette. It is, therefore, considered expedient to amend sub-section (1) of section 30 and sub-section (1) of section 31 of the Maharashtra Regional and Town Planning Act, 1966, suitably.
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, for the purposes aforesaid, this Ordinance is promulgated.
Mumbai, RAMESH BAIS,
Dated the 15th March 2024. Governor of Maharashtra.
By order and in the name of the Governor of Maharashtra,
ASEEM GUPTA,
Principal Secretary to Government. ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.