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;

RNI No. MAHENG /2009/35528

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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].

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(1)

2

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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 ;

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.

(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

the words “six months” the words “twelve months” shall be substituted and

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),—

(i) for the words “six months” the words “twelve months” shall be

substituted and shall be deemed to have been substituted with effect from

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.

Short title

and

commence-

ment.

Amendment

of section 30

of Mah.

XXXVII of

1966.

Mah.

XXXVII

of 1966.

Amendment

of

section 31 of

Mah. XXXVII

of 1966.

Mah.

XXXVII

of 1966.

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3

STATEMENT

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.

4

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It 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.