Chapter II CHAPTER II

1. (1) Subject to the provisions of this section, the State Government may, by notification in the Official Gazette, establish any area in the State, by defining its limits, to be a Region for the purposes of this Act, and may name and alter the name of any such Region. In any case, where any Region is renamed, then all references in any law or instrument or other document to the Region shall be deemed to be a reference to the Region as renamed, unless expressly otherwise provided or the context so requires.
2. (2) The State Government may, by notification in the Official Gazette,-
   • (a) alter the limits of a Region, so as to include therein or to exclude therefrom, such area as may be specified in the notification; or
   • (b) amalgamate two or more Regions so as to form one Region; or
   • (c) split up any Region into two or more Regions; or
   • (d) declare that the whole or part of the area comprising a Region shall cease to be a Region or part thereof.
3. (3) A plan showing the boundaries of the Region as established under this section shall be available for inspection at the office of the Collector and the Mamlatdar or Tahsildar concerned, and on the constitution of the Regional Board therefor, also at the office of the Board.

1. (1) For the purpose of planning the development and use of land in the Region, the State Government shall, by notification in the Official Gazette, constitute a Regional Planning Board for the Region consisting of a Chairman appointed by the State Government; the Director of Town Planning (or a person nominated by him); such number of persons not exceeding four appointed by the State Government as are members of local authorities functioning in the whole or part of the Region; such number of persons 1[not exceeding ten] appointed by the State Government who in the opinion of that Government have special knowledge or practical experience of matters relating to town and country planning, engineering, transport, industry, commerce or agriculture 2[; a Town Planning Officer appointed by the State Government and such number of persons not exceeding four appointed by the State Government from the two Houses of the State legislature, representing the whole or part of the Region, so that not more than two members are appointed from each of the said Houses. If any Region includes any area which in the opinion of the State Government is important from the military or defence point of view, the members appointed for their special knowledge or practical experience shall include a person suggested by the Government of India in that behalf.] The State Government may appoint a Vice-Chairman from amongst the other members. The Town Planning Officer shall be the Secretary to the Regional Board. 3[(1A) Notwithstanding anything contained in sub-section (1), the provisions of that sub-section shall not be applicable to the Metropolitan area as defined in clause (c) of section 2 of the Maharashtra Metropolitan Planning Committees (Constitution and Functions) Act, 1999 (Mah. V of 2000).]
2. (2) The Regional Board shall have its office at such place as the State Government may appoint, and shall be known by the name specified in the notification constituting it.

1. (1) 1[Subject to the provisions of sub-section (3), the term of office]and conditions of service of the members of a Regional Board shall be such as may be prescribed; and the members shall be entitled to receive such remuneration or allowances, or both, as the State Government may by order determine.
2. (2) If the State Government is of opinion that any member is guilty of misconduct in the discharge of his duties, or is incompetent or has become incapable of performing his duties as such member, or should for any other good and sufficient reason be removed, the State Government may, after giving the member an opportunity of showing cause against his removal, remove him from office. 2[(3) A member of the State Legislature while holding the office of a member of the Borad shall not be entitled to receive any remuneration or allowance other than travelling allowance, daily allowance or such other allowance which is paid to the holder of such office for the purpose only of meeting the personal expenditure incurred in attending the meeting of the Board or in performing any other functions as holder of such office.]

Any member of a Regional Board may at any time resign his office by writing under his hand addressed to the State Government, and upon the acceptance thereof, the office of the member shall become vacant.

In the event of a vacancy in the office of any member of a Regional Board, the vacancy shall be filled by the State Government, and the person so appointed shall hold office so long only as the member in whose place he is appointed would have held office, if the vacancy had not occurred.

Subject to the provisions of this Act and the rules and regulations made thereunder, it shall be the duty of a Regional Board-

1. (a) to carry out a survey of the Region, and prepare reports on the surveys so carried out;
2. (b) to prepare an existing-land-use map, and such other maps as may be necessary for the purpose of preparing a Regional plan;
3. (c) to prepare a Regional plan;
4. (d) to perform any other duties or functions as are supplemental, incidental or consequential to any of the foregoing duties, or as may be prescribed by regulations.

1. (1) The Regional Board shall meet at such times and places as the Chairman may determine and may, subject to the provisions of sub-sections (2) and (3), make regulations for regulating its procedure and the conduct of its business : Provided that, after the submission of draft Regional plan to the State Government, the Board shall meet only if so directed by the State Government.
2. (2) The Chairman and in his absence the Vice-Chairman (if any) and in the absence of the Chairman and the Vice-Chairman, any other member chosen by the members present from amongst themselves, shall preside at a meeting of the Board.
3. (3) All questions at a meeting of the Board shall be decided by a majority of votes of the members present and voting; and in the case of an equality of votes, the person presiding shall have a second or casting vote.
4. (4) Minutes shall be kept of the names of the members present, and others who attend the meetings of the Board under the provisions of this Act, and of the proceedings at each meeting, in a minute book to be kept for this purpose. The minutes shall be signed at the next ensuing meeting by the person presiding at such meeting, and shall be open to inspection by any member during the office hours.

1. (1) A Regional Board may, with the previous sanction of the State Government, associate with itself or consult such persons whose assistance or advise it may desire for the purpose of performing any of its functions under this Act. Such persons may be paid by the Regional Board such remuneration or fees as may be sanctioned by the State Government.
2. (2) The person so assisting or advising the Regional Board may take part in the discussions of the Regional Board relevant to the purpose for which he is associated or consulted, but shall not have the right to vote at a meeting, or take part in the discussions of the Regional Board relating to matters connected with any other purpose.
3. (3) For the purpose of hearing any suggestions and objections received after the publication of a draft Regional plan under section 16, a Regional Board shall appoint a Regional Planning Committee consisting of the Town Planning Officer and two other members of the Regional Board.
4. (4) The members of a Regional Planning Committee shall be entitled to such allowances for performing its functions under this Act as may be prescribed.

1. (1) For the efficient performance of its functions under this Act, a Regional Board, or an officer authorised by it, may appoint such officer and other staff as may be necessary. The officers and staff so appointed shall be entitled to receive such salaries or allowances, and shall be governed by such terms and conditions of service, as may be determined by the State Government.
2. (2) The officers and staff appointed by the Regional Board shall work under the superintendence and control of the Chairman.

All expenses incurred by a Regional Board, including expenses incurred on account of salaries, allowances, fees and other remuneration payable to its members and to its officer and other staff (not being salaried Government officers or staff) shall be met from such funds as may be placed at the disposal of the Board by the State Government.

Subject to the provisions of this Act and the rules and regulations made thereunder, a Regional Board shall, with a view to securing planned development and use of land in a Region, carry out a survey thereof, prepare an existing-land-use map thereof, and other maps as are necessary for the purpose of preparing the Regional plan, and shall, within such period or periods as the State Government may from time to time determine in this behalf, prepare a report of the surveys, prepare the Regional plan and such other documents, maps and information as the Regional Board may deem fit for illustrating or explaining the provisions of the Regional plan.

Subject to the provisions of this Act and any rules made thereunder for regulating the form of a Regional plan and the manner in which it may be published, any such Regional plan shall indicate the manner in which the Regional Board propose that land in the Region should be used, whether by carrying out thereon development or otherwise, the stages by which any such development is to be carried out, the net-work of communications and transport, the proposals for conservation and development of natural resources, and such other matters as are likely to have an important influence on the development of the Region; and any such plan in particular, may provide for all or any of the following matters, or for such matters thereof as the State Government may direct, that is to say-

1. (a) allocation of land for different uses, general distribution and general locations of land, and the extent to which the land may be used as residential, industrial, agricultural, or as forest, or for mineral exploitation ;
2. (b) reservation of areas for open spaces, gardens, recreation, zoological gardens, nature reserves, animal sanctuaries, dairies and health resorts ;
3. (c) transport and communications, such as roads, highways, railways, waterways, canals and airports, including their development ;
4. (d) water supply, drainage, sewerage, sewage disposal and other public utilities, amenities and services including electricity and gas ;
5. (e) reservation of sites for new towns, industrial estates and any other large scale development or project which is required to be undertaken for proper development of the Region or new town ;
6. (f) preservation, conservation and development of areas of natural scenery, forest, wild life, natural resources, and land-scaping ;
7. (g) preservation of objects, features, structures or places of historical, natural, architectural or scientific interest and educational value ;
8. (h) areas required for military and defence purposes ;
   • (i) prevention of erosion, provision for afforestation, or reforestation, improvement and redevelopment of water front areas, rivers and lakes ;
9. (j) proposals for irrigation, water supply and hydro-electric works, flood control and prevention of river pollution ;
10. (k) providing for the relocation of population or industry from over- populated and industrially congested areas, and indicating the density or population or the concentration of industry to be allowed in any areas; 1[(l) provisions for permission to be granted for controlling and regulating the use and development of land within the jurisdiction of a local authority or the Collector, as the case may be, including imposition of fees, charges and premium, at such rate as may be fixed by the State Government or the Planning Authority, from time to time, for grant of an additional Floor Space Index or for the special premissions or for the use of discretionary powers under the relevant Development Control Regulations, and also for imposition of conditions and restrictions in regard to the open space to be maintained about buildings, the percentage of building area for a plot, the location, number, size, height, number of storeys and character of buildings and density of population allowed in a specified area, the use and purposes to which buildings or specified areas of land may or may not be appropriated, the sub-division of plots, the discontinuance of objectionable users of land in any area in reasonable periods, parking space and loading and unloading space for any building and the sizes of projections and advertisement signs and hoardings and other matters may be considered necessary for carrying out the objects of this Act.]

1. (1) Every Regional plan shall be submitted to the State Government together with all connected documents, maps and plans for approval. The State Government may, within the prescribed period, by notification in the Official Gazette, either approve the Regional plan without modification for the whole Region, or any part thereof, or with such modifications as it may consider necessary, or reject the plan with a direction to the Regional Board to prepare a fresh plan according to such direction.
2. (2) The State Government may, pending approval of the entire Regional plan, by a like notification approve separately any proposals or part of the Regional plan; and any proposals or part so approved shall, on approval of the entire Regional plan, form part of the entire plan so approved.

1. (1) Before preparing any Regional plan and submitting it to the State Government for approval, every Regional Board shall, after carrying out the necessary surveys and preparing an existing-land-use map of the Region, or such other maps as are considered necessary, prepare a draft Regional plan 1[and publish a notice in the Official Gazette and in such other manner as may be prescribed, stating that the draft Regional plan has been prepared. The notice shall state the name of the place where a copy of such plan shall be available for inspection by the public at all reasonable hours mentioned therein and that copies thereof or any extract therefrom certified to be correct shall be available for sale to the public at a reasonable price and invite] objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice, such date not being earlier than four months from the publication of the notice. 2[The notice shall also state that copies of the following particulars in relation to the draft Regional plan are also available for inspection by the public and copies thereof or extracts therefrom certified to be correct are also available for sale to the public at a reasonable price at the place so named, namely :-]
   • (a) a report on the existing-land-use map and the regional survey carried out as aforesaid ;
   • (b) maps, charts and a report illustrating and explaining the provisions of the draft Regional plan and indicating the priorities of works to be executed thereunder ;
   • (c) a report of the stages of the development programme by which it is proposed to execute the Regional plan ; and
   • (d) recommendations to the State Government regarding the directions to be issued to the local authorities in the Region and the different departments of the State Government, if any, in respect of enforcement and implementation of the proposals contained in the draft Regional plan.
2. (2) The Regional Board shall refer the objections, suggestions and representations received by it to the Regional Planning Committee appointed under section 10 for consideration and report.
3. (3) The Regional Planning Committee shall, after giving a reasonable opportunity to all persons affected by the Regional plan of being heard, submit its report to the Regional Board together with all connected documents, maps, charts and plans within such time as may from time to time be fixed in that behalf by the Regional Board.
4. (4) After considering the report of the Regional Planning Committee, and the suggestions, objections and representations, the Regional Board shall prepare the Regional plan containing such modifications, if any, as it considers necessary, and submit it to the State Government for approval, together with the report of the Regional Planning Committee and all connected documents, plans, maps and charts.

Immediately after a Regional plan is approved by the State Government, the State Government shall publish, in such manner as may be prescribed by rules as is calculated to bring to the notice of all persons concerned; and in particular, to all persons affected by the Regional plan, a notice stating that the Regional plan has been approved, and naming a place where a copy of the Regional plan may be inspected at all reasonable hours, 1[and stating also that copies thereof or any extract therefrom certified to be correct shall be available for sale to the public at a reasonable price,] and shall specify therein a date (not being earlier than sixty days from the date of publication of the said notice) on which the Regional plan shall come into operation and the plan which has come into operation shall be called the "final Regional plan".

1[(1) No person shall, on or after the publication of the notice that the draft Regional plan has been prepared or the draft Regional plan has been approved, institute or change the use of any land for any purpose other than agriculture or carry out any development in respect of any land without the previous permission,-

1. (i) in case the land is situated in the limits of Municipal Corporation or a Municipal Council, or a Nagar Panchayat or a Special Planning Authority or any other planning authority, of such Municipal Corporation or Municipal Council, Nagar Panchayat or Special Planning Authority or other planning Authority, as the case may be, or
2. (ii) in case the land is situated in the gaothan, within the meaning of clause (10) of section 2 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966), of the village panchayat concerned, or
3. (iii) in case the land is situated in areas other than those mentioned in clauses (i) and (ii) above, of the Collector of the District: Provided that, the Collector may delegate his powers under this clause to an officer not below the rank of Tahsildar. Explanation.- For the removal of doubt, it is hereby declared that, no such permission of the Collector shall be required in the gaothan area of a revenue village within the meaning of clause (10) of section 2 of the Maharashtra Land Revenue Code, 1966 (Mah.XLI of 1966).] 2[(2) Notwithstanding anything contained in any other law for the time being in force, the Village panchayat or, as the case may be, the Collector, in considering application for permission shall have due regard to the provisions of any draft or Regional plan or proposal published by means of a notice under this Act.] 3[(2A) (i) The provisions of sections 52, 53, 54, 55, 56, 57 and 58 shall apply mutatis mutandis to the unauthorized development carried out in the area of Regional plan, as they apply to the unauthorized development carried out in the area of a Planning Authority ; and
4. (ii) the Collector shall be authority Competent to take action in respect of such unauthorized development. (2B) Notwithstanding anything contained in this Act or any other law for the time being in force, the State Government may, upon a request made by the Collector, specify the terms and conditions on compliance of which and the compounding charges 3[,infrastructure charges and permium]on payment of which the Collector may declare an unauthorized structure to be a compounded structure : Provided that, on declaration of an unauthorised structure as compounded structure, the proceedings under any law for the time being in force against such structure initiated by the Collector shall stand abated, and if such proceedings are yet to be initiated, no proceedings shall be maintainable : Provided further that, no further construction shall be permissible in any compounded structure, other than repairs and maintenance, and any redevelopment or reconstruction of such structure shall be only as per the provisions of the prevailing Development Control Regulations.] 4[(3) Without prejudice to the provisions of sub-sections (1) and (2) or any other provisions of this Act, any person intending to execute 5[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.]

No compensation shall be awarded-

1. (a) if and in so far as any property or any right or interest therein alleged to be injuriously affected by reason of the provisions contained in any plan or scheme, is subject to substantially similar restrictions in force, under some other law which was in force on the date on which, such injurious affection took place or the restrictions were imposed by this Act ;
2. (b) if compensation in respect of such injurious affection or restrictions imposed under this Act or substantially similar injurious affection or restriction in force under any other law has already been paid in respect of the property or any right or interest therein to the claimant or to any predecessor in interest of the claimant.

1[Revision or modification] of Regional plan.-(1) If the State Government at any time after a Regional plan has come into operation, but not earlier than ten years therefrom is of the opinion that revision of such Regional plan is necessary and there is no Regional Board for the Region to which plan relates, to undertake such revision, the State Government may constitute a Regional Planning Board under section 4, or a Regional Board may, with the previous approval of the State Government, also revise the Regional plan; and thereupon, the foregoing provisions of this Chapter shall, so far as they can be made applicable, apply to the revision of the Regional plan as those provisions apply in relation to the preparation, 2[publication of notice] and approval of a Regional plan. 3[(2) Notwithstanding anything contained in sub-section (1), the State Government may, at any time after a Regional Plan has come into operation, make any modification in such plan in the manner hereinafter provided if in its opinion such modification is necessary for the 4[development] of the Region for which such plan has been prepared and approved.

1. (3) For the purpose of modifying a Regional plan under sub-section (2) the State Government shall publish a notice in the Official Gazette announcing its intention to make the modification specified in the notice and invite objections or suggestions from any person with respect to such modification in writing with reasons therefor within such period as may be specified in the notice. The notice shall also be published in at least one newspaper having wide circulation in the Region and in such other manner as the State Government may think fit in the circumstances of each case.
2. (4) After considering the objections and suggestions in respect of the draft modification under sub-section (2), the State Government may approve the modification of the Regional plan with such amendments, if any, as it may think fit, 5[or decide not to accord approval] and shall publish a notification in the Official Gazette, stating that the modification of the Regional plan specified therein 6[has been approved with or without amendment or has not been approved, as the case may be. In case the modification is approved, then such notification] shall also state the place where a copy of modification to the Regional plan may be inspected at all reasonable hours, and shall specify therein a date on which the modification of the plan shall come into operation.]