Chapter IV CHAPTER IV

After the date on which the declaration of intention to prepare a Development plan for any area is published in the Official Gazette 1[or after the date on which a notification specifying any undeveloped area as a notified area, or any area designated as a site for a new town, is published in the Official Gazette], no person shall institute or change the use of any land or carry out any development of land without the permission in writting of the Planning Authority : Provided that, no such permission shall be necessary-

1. (i) for carrying out works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance thereof 2[except in case of heritage building or heritage precinct;]
2. (ii) the carrying out of works in compliance with any order or direction made by any authority under any law for the time being in force ;
3. (iii) the carrying out of works by any authority in exercise of its powers under any law for the time being in force ;
4. (iv) for the carrying out by the Central or the State Government or any local authority of any works-

1. (a) required for the maintenance or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street ;
2. (b) for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cable, telephone or other apparatus including the breaking open of any street or other land for that purpose ;
   • (v) for the excavation (including wells) made in the ordinary course of agricultural operation ;
   • (vi) for the construction of a road intended to give access to land solely for agricultural purposes ;
   • (vii) for normal use of land which has been used temporarily for other purposes;
   • (viii) in case of land, normally used for one purpose and occasionally used for any other purpose, for the use of land for that other purpose on occasions;
   • (ix) for use, for any purpose incidental to the use of a building for human habitation of any other building or land attached to such building.

1[(1)] Except as otherwise provided by rules made in this behalf, any person not being Central or State Government or local authority intending to carry out any development on any land shall make an application in writing to the Planning Authority for permission in such form and containing such particulars and accompanied by such documents, as may be prescribed : 2[Provided that, save as otherwise provided in any law, or any rules, regulations or by-laws made under any law for the time being in force, no such permission shall be necessary for demolition of an existing structure, erection or building or part thereof, in compliance of a statutory notice from a Planning Authority or a Housing and Area Development Board, the Bombay Repairs and Reconstruction Board or the Bombay Slum Improvement Board established under the Maharashtra Housing and Area Development Act, 1976 (Mah. XXXVIII of 1977)]. 3[(2) Without prejudice to the provisions of sub-section (1) or any other provisions of this Act, any person intending to execute 4[an Integrated Township Project] on any land, may make an application to the State Government, and on receipt of such application the State Government may, after making such inquiry as it may deem fit in that behalf, grant such permission and declare such project to be 5[an Integrated Township Project] by notification in the Official Gazette or, reject the application.]

1. (1) On receipt of an application under section 44 the Planning Authority may, subject to the provisions of this Act, by order in writing-
   • (i) grant the permission, unconditionally ;
   • (ii) grant the permission, subject to such general or special conditions as it may impose with the previous approval of the State Government ; or
   • (iii) refuse the permission.
2. (2) Any permission granted under sub-section (1) with or without conditions shall be contained in a commencement certificate in the prescribed form.
3. (3) Every order granting permission subject to conditions, or refusing permission shall state the grounds for imposing such conditions or for such refusal.
4. (4) Every order under sub-section (1) shall be communicated to the applicant in the manner prescribed by regulations.
5. (5) If the Planning Authority does not communicate its decision whether to grant or refuse permission to the applicant within sixty days from the date of receipt of his application, or within sixty days from the date of receipt of reply from the applicant in respect of any requisition made by the Planning Authority, whichever is later, such permission shall be deemed to have been granted to the applicant on the date immediately following the date of expiry of sixty days : 1[Provided that, the development proposal, for which the permission was applied for, is strictly in conformity with the requirements of all the relevant Development Control Regulations framed under this Act or bye-laws or regulations framed in this behalf under any law for the time being in force and the same in no way violates either the provisions of any draft or final plan or proposals published by means of notice, submitted for sanction under this Act : Provided further that, any development carried out in pursuance of such deemed permission which is in contravention of the provisions of the first proviso, shall be deemed to be an unauthorised development for the purposes of sections 52 to 57.] 2[(6) The Planning Authority shall, within one month from the date of issue of commencement certificate, forward duly authenticated copies of such certificate and the sanctioned building or development plans to the Collector concerned.]

The Planning Authority in considering application for permission shall have due regard to the provisions of any draft or final plan 1[or proposal] 2[published by means of notice] 3[submitted] or sanctioned under this Act: 4[Provided that, if the Development Control Regulations for an area over which a Planning Authority has been appointed or constituted, are yet to be sanctioned, then in considering application for permission referred to in sub-section (1), such Planning Authority shall have due regard to the provisions of the draft or sanctioned Regional plan, till the Development Control Regulations for such area are sanctioned: Provided further that, if such area dose not have draft or sanctioned Regional plan, then Development Control Regulations applicable to the area under any Planning Authority, as specified by the Government by a notification in the Official Gazette, shall apply till the Development Control Regulations for such area are sanctioned.]

1. (1) Any appilcant aggrieved by an order granting permission on conditions or refusing permission under section 45 may, within forty days of the date of communication of the order to him, prefer an appeal to the State Government or to an officer appointed by the State Government in this behalf, being an officer not below the rank of a Deputy Secretary to Government ; and such appeal shall be made in such manner and accompained by such fees (if any) as may be prescribed.
2. (2) The State Government or the officer so appointed may, after giving a reasonable opportunity to the appellant and the Planning Authority to be heard, by order dismiss the appeal, or allow the appeal by granting permission unconditionally or subject to the conditions as modified.

Every permission for development granted or deemed to be granted under section 45 or granted under section 47 shall remain in force for a period of one year 1[form the date of receipt of such grant], and thereafter it shall lapse : Provided that, the Planning Authority may, on application made to it extend such period from year to year ; but such extended period shall in no case exceed three years : 2[Provided further that, if the development is not completed upto plinth level or where there is no plinth, upto upper level of basement or stilt, as the case may be, within the period of one year or extended period, under the first proviso, it shall be necessary for the applicant to make application for fresh permission.]

1. (1) Where-
   • (a) any land is designated by a plan as subject to compulsory acquisition, or
   • (b) any land is allotted by a plan for the purpose of any functions of a Government or local authority or statutory body, or is land designated in such plan as a site proposed to be developed for the purposes of any functions of any such Government, authority or body, or
   • (c) any land is indicated in any plan as land on which a highway is proposed to be constructed or included, or 1[(d) any land for the development of which permission is refused or is granted subject to conditions, and any owner of land referred to in clause (a), (b), (c) or (d) claims-
     • (i) that the land has become incapable of reasonably beneficial use in its existing state, or
     • (ii) (where planning permission is given subject to conditions) that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with the conditions ; or]
   • (e) the owner of the land because of its designation or allocation in any plan claims that he is unable to sell it except at a lower price than that at which he might reasonably have been excepted to sell if it were not so designated or allocated, the owner or person affected may serve on the State Government within such time and in such manner, as is prescribed by regulations, a notice (hereinafter referred to as "the purchase notice") requiring the Appropriate Authority to purchase the interest in the land in accordance with the provisions of this Act.
2. (2) The purchase notice shall be accompanied by a copy of any application made by the applicant to the Planning Aurhority, and of any order or decision of that Authority and of the State Government, if any, in respect of which the notice is given.
3. (3) On receipt of a purchase notice, the State Government shall fortwith call from the Planning Authority and the Appropriate Authority such report or records or both, as may be necessary, which those authorities shall forward to the State Government as soon as possible but not later than thirty days from the date of their requisition.
4. (4) On receiving such records or reports, if the State Government is satisfied that the conditions specified in sub-section (1) are fulfilled, and that the order or decision for permission was not duly made on the ground that the applicant did not comply with any of the provisions of this Act or rules or regulations, it may confirm the purchase notice, or direct that planning permission be granted without condition or subject to such conditions as will make the land capable of reasonably beneficial use. In any other case, it may refuse to confirm the purchase notice, but in that case, it shall give the applicant a reasonable opportunity of being heard.
5. (5) If within a period of six months from the date on which a purchase notice is served the State Government does not pass any final order thereon, the notice shall be deemed to have been confirmed at the expiration of that period. 2* * * * * * * 3[(7) If within one year from the date of confirmation of the notice, the Appropriate Authority fails to make an application to acquire the land in respect of which the purchase notice has been confirmed as required under section 126, the reservation, designation, allotment, indication or restriction on development of the land shall be deemed to have lapsed ; and thereupon, the land shall be deemed to be released from the reservation, designation, or, as the case may be, allotment, indication or restriction and shall become available to the owner for the prupose of development otherwise permissible in the case of adjacent land, under the relevant plan.]

1. (1) The Appropriate Authority 1[(other than the Planning Authority)], if it is satisfied that the land is not or no longer required for the public purpose for which it is designated or reserved or allocated in the interim or the draft Development plan or plan for the area of Comperhensive development or the final Development plan, may request-
   • (a) the Planning Authority to sanction the deletion of such designation or reservation or allocation from the interim or the draft Development plan or plan for the area of Comprehensive development, or
   • (b) the State Government to sanction the deletion of such designation or reservation or allocation from the final Development plan.
2. (2) On receipt of such request from the Appropriate Authority, the Planning Authority, or as the case may be, the State Government may make an order sanctioning the deletion of such designation or reservation or allocation from the relevant plan : Provided that, the Planning Authority, or as the case may be, the State Government may, before making any order, make such enquiry as it may consider necessary and satisfy itself that such reservation or designation or allocation is no longer necessary in the public interest.
3. (3) Upon an order under sub-section (2) being made, the land shall be deemed to be released from such designation, reservation, or, as the case may be, allocation and shall become available to the owner for the purpose of development as otherwise permissible in the case of adjacent land, under the relevant plan.

1. (1) If it appears to a Planning Authority that it is expedient, having regard to the Development plan prepared or under preparation that any permission to develop land granted 1[or deemed to be granted] under this Act or any other law, should be revoked or modified, the Planning Authority may, after giving the person concerned an opportunity of being heard against such revocation or modification, by order, revoke or modify the permission to such extent as appears to it to be necessary : Provided that-
   • (a) where the development relates to the carrying out of any building or other operation, no such order shall affect such of the operations as have been previously carried out;or shall be passed after these operations have substantially progressed or have been completed ;
   • (b) where the development relates to a change of use of land, no such order shall be passed at any time after the change has taken place.
2. (2) Where permission is revoked or modified by an order made under sub-section (1) and any owner claims within the time and in the manner prescribed, compensation for the expenditure incurred in carrying out the development in accordance with such permission which has been rendered abortive by the revocation or modification, the Planning Authority shall, after giving the owner reasonable opportunity of being heard by the Town Planning Officer, and after considering his report, assess and offer, subject to the provisions of section 19, such compensation to the owner as it thinks fit.
3. (3) If the owner does not accept the compensation and gives notice, within such time as may be prescribed, of his refusal to accept, the Planning Authority shall refer the matter for the adjudication of the court; and the decision of the court shall be final and be binding on the owner and Planning Authority.

1. (1) Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development or institutes, or changes the use of any land-
   • (a) without permission required under this Act ; or
   • (b) which is not in accordance with any permission granted or in contravention of any condition subject to which such permission has been granted ;
   • (c) after the permission for development has been duly revoked ; or
   • (d) in contravention of any permission which has been duly modified, shall, on conviction, 1[be punished with imprisonment for a term 2[which shall not be less than one month but which may extend to three years and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees, and in the case of a continuing offence with a further daily fine which may extend to two hundred rupees]] for every day during which the offence continues after conviction for the first commission of the offence.
2. (2) Any person who continues to use or allows the use of any land or building in contravention of the provisions of a Development plan without being allowed to do so under section 45 or 47, or where the continuance of such use has been allowed under the section continues such use after the period for which the use has been allowed or without complying with the terms and conditions under which the continuance of such use is allowed, shall on conviction be punished 3[with fine which may extend to five thousand rupees]; and in the case of a continuing offence, with a further fine which may extend to one hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.

1[52A. Provisions relating to certain develapments as compunded structure.- (1) Notwithstanding anything contained in this Act or any other law, for the time being in force, or in any judgment, order or direction of any Court where unauthorised development has been carried out on or before the 31st December 2015, in the area of Development Plan, the State Government may, the requist of the Planning Authority, specify the terms and conditions, not inconsistent with the rules made in this behalf, on compliance of which and the compounding charges, infrastructure charges and premium on payment of which, the Planning Authority may declare such development as compounded structure.

1. (2) On declaration of such development as compounded structure under sub-section (1), no further proceeding under any law for the time being in force against the owner or occupier of such structure shall be taken or continued : Provided that, no furthur development shall be permissible in any compounded structure, other than repairs and maintenance, and any development or reconstruction of such structure shall be only as per the provisions of the prevailing Development Control Regulations.]

1[(1) (a) Where any development of land has been carried out as indicated in clause (a) or (c) of sub-section (1) of section 52, the Planning Authority may, subject to the provisions of this section, serve on the owner, developer or occupier a prior notice of 24 hours requiring him to restore the land to conditions existing before the said development took place ;

1. (b) if the owner, developer or occupier fails to restore the land accordingly, the Planning Authority shall immediately take steps to demolish such development and seal the machinery and materials used or being used therefor. (1A) Where any development of land has been carried out as indicated in clause (b) or (d) of sub-section (1) of section 52, the Planning Authority may, subject to the provisions of this section, serve one months notice on the owner, developer or occupier requiring him to take necessary steps as specified in the notice.]

1. (2) In particular, such notice may, for purpose of sub-section (1), require-
   • (a) the demolition or alteration of any building or works ;
   • (b) the carrying out on land of any building or other operations ; or
   • (c) the discontinuance of any use of land.
2. (3) Any person aggrieved by such notice may, within the period specified in the notice and in the manner prescribed, apply for permission under section 44 for retention on the land of any building or works or for the continuance of any use of the land, to which the notice relates, and pending the final determination or withdrawal of the application, the mere notice itself shall not affect the retention of buildings or works or the continuance of such use.
3. (4) The foregoing provisions of this Chapter shall, so far as may be applicable, apply to an application made under sub-section (3).
4. (5) If the permission applied for is granted, the notice shall stand withdrawn ; but if the permission applied for is not granted, the notice shall stand ; or if such permission is granted for the retention only of some buildings, or works, or for the continuance of use of only a part of the land, the notice shall stand withdrawn as respects such buildings or works or such part of the land, but shall stand as respects other buildings or works or other parts of the land, as the case may be; and thereupon, the owner shall be required to take steps specified in the notice under sub-section (1) as respects such other buildings, works or part of the land.
5. (6) If within the period specified in the notice or within the same period after the disposal of the application under sub-section (4), the notice or so much of it as stands is not complied with, the Planning Authority may-
   • (a) prosecute the owner for not complying with the notice ; and where the notice requires the discontinuance of any use of land any other person also who uses the land or causes or permits the land to be used in contravention of the notice ; and
   • (b) where the notice requires the demolition or alteration of any building or works or carrying out of any building or other operations, itself cause the restoration of the land to its condition before the development took place and secure compliance with the conditions of the permission or with the permission as modified by taking such steps as the Planning Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations and recover the amount of any expenses incurred by it in this behalf from the owner as arrears of land revenue.
6. (7) Any person prosecuted under clause (a) of sub-section (6) shall, on conviction, 2[be punished with imprisonment for a term 3[which shall not be less than one month but which may extend to three years and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees], and in the case of a continuing offence with a further daily fine which may extend to two hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.] 4[(8) The Planning Authority shall, by notification in the Official Gazette, designate an officer of the Planning Authority to be the Designated Officer for the purposes of exercise of the powers of the Planning Authority under this section and sections 54, 55 and 56. The Designated Officer shall have jurisdiction over such local area as may be specified in the notification and different officers may be designated for different local areas.]

1. (1) Where any development of land as indicated in sub-section (1) of section 52 is being carried out but has not been completed, the Planning Authority may serve on the owner and the person carrying out the development a notice requiring the development of land to be discontinued from the time of the service of the notice ; and thereupon, the provisions of sub-sections (3), (4), (5) and (6) of section 53 shall so far as may be applicable apply in relation to such notice, as they apply in relation to notice under section 53.
2. (2) Any person, who continues to carry out the development of land, whether for himself or on behalf of the owner or any other person, after such notice has been served shall, on conviction, 1[be punished with imprisonment for a term which may extend to three years or with fine which may extend to five thousand rupees or with both]; and when the non-compliance is a continuing one, with a further fine which may extend to one hundred rupees for every day after the date of the service of the notice during which the non-compliance has continued or continues.

1. (1) Notwithstanding anything hereinbefore contained in this Chapter, where any person has carried out any development of a temporary nature unauthorisedly as indicated in sub-section (1) of section 52, the Planning Authority may by an order in writing direct that person to remove any structure or work erected, or discontinue the use of land made, unauthorisedly as aforesaid, within fifteen days of the receipt of the order ; and if thereafter, the person does not comply with the order within the said period, the Planning Authority may request the District Magistrate or the Commissioner of Police, as the case may be, 1[or authorise any of its officers or servants,] to have such work summarily removed or such use summarily discontiuned without any notice as directed in the order; and any development unauthorisedly made again, shall be similarly removed or discontinued summarily without making any order as aforesaid.
2. (2) The decision of the Planning Authority on the question of what is development of a temporary nature shall be final.

1. (1) If it appears to a Planning Authority that it is expedient in the interest of proper planning of its areas (including the interest of amenities) having regard to the Development plan prepared,-
   • (a) that any use of land should be discontinued, or
   • (b) that any conditions should be imposed on the continuance thereof, or
   • (c) that any buildings or works should be altered or removed, the Planning Authority may, by notice served on the owner,-
     • (i) require the discontinuance of that use; or
     • (ii) impose such conditions as may be specified in the notice on the continuance thereof ; or
     • (iii) require such steps, as may be specified in the notice to be taken for the alteration or removal of any buildings or works, as the case may be, within such period, being not less than one month, as may be specified therein, after the service of the notice.
2. (2) Any person aggrieved by such notice may, within the said period and in the manner prescribed, appeal to the State Government.
3. (3) On receipt of an appeal under sub-section (2), the State Government or any other person appointed by it in this behalf may, after giving a reasonable opportunity of being heard to the appellant and the Planning Authority, dismiss the appeal or allow the appeal by quashing or varying the notice as it may think fit.
4. (4) If any person,-
   • (i) who has suffered damage in consequence of the compliance with the notice by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land or otherwise ; or
   • (ii) who has carried out any works in compliance with the notice, claims, from the Planning Authority, within the time and in the manner prescribed compensation in respect of that damage, or of any expenses reasonably incurred by him for complying with the notice, then the provisions of sub-sections (2) and (3) of section 51 shall apply in relation to such claim as those provisions apply to claims for compensation under those provisions.
5. (5) If any person having interest in land in respect of which a notice is issued under this section claims that by the reason of the compliance with the notice, the land will become incapable of reasonably beneficial use, he may within the period specified in the notice or within such period after the disposal of the appeal, if any, filed under sub-section (2) and in the manner prescribed, serve on the State Government a purchase notice requiring his interest in the land to be acquired ; and thereupon, the provisions of section 49 for dealing with a purchase notice shall, so far as can be made applicable, apply as they apply to a purchase notice under that section.

1[56A. Punishment for failure to take action against unauthorised construction.- Where it has been brought to the notice of the Designated Officer that erection of any building or execution of any work is carried out in contravention of the provisions of the Act, rules or bye-laws and if such Designated Officer has failed, without sufficient reasons, to take action, as provided under section 53, 54, 55 or 56, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to twenty thousand rupees, or with both.]

Any expenses incurred by a Planning Authority under sections 53, 54, 55 and 56 shall be a sum due to the Planning Authority under this Act from the person in default or the owner of the plot

1. (1) When any Government intends to carry out development of any land for the purpose of any of its departments or offices or authorities, the officer incharge thereof shall inform in writing the Planning Authority the intention of Government to do so, giving full particulars thereof, and accompanied by such documents and plans as may be prescribed at least thirty days before undertaking such development.
2. (2) Where a Planning Authority raises any objection to the proposed development on the ground that the development is not in conformity with the provisions either of any Development plan under preparation or of any building bye-laws in force for the time being, or for any other material consideration the officer shall-
   • (i) either make necessary modifications in the proposals for development to meet the objections raised by the Planning Authority, or
   • (ii) submit the proposals for development together with the objections raised by the Planning Authority to the State Government for decision.
3. (3) The State Government, on receipt of the proposals for development together with the objections of the Planning Authority shall, in consultation with the Director of Town Planning, either approve the proposals with or without modifications or direct the officer to make such modifications in the proposals as it considers necessary in the circumstances. 1[(3A) The development proposals approved by the State Government under sub-section (3) shall remain in force for a period of one year from the date of grant of such approval, and thereafter it shall lapse : Provided that, the Officer in charge of the development may apply under intimation to the Planning Authority to the State Government, for extension of such period ; and thereupon the State Government may extend such period from year to year ; but such extended period shall in no case exceed three years : Provided further that, such lapse shall not bar any subsequent application by the officer in charge of the development, for fresh approval to the development under the preceding sub-sections.]
4. (4) The provisions of sections 44, 45 2[and 47 shall not, and section 46 shall, mutatis mutandis and section 48 shall, as modified by sub-section (3A),] apply to development carried out under this section.