section 135
Power of entry.
The Maharashtra Regional and Town Planning Act, 1966Infrastructure1966196 sections11 chapters
Chapter IX SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS
Statutory text
- (1) The Director of Town Planning or any officer authorised by him, the Town Planning Officer of any Regional Board or Planning Authority, the Arbitrator, or any person authorised by the State Government, Regional Board, Planning Authority, Development Authority or Arbitrator may enter into or upon any land or building with or without assistants or workmen for the purpose of the preparation of a plan or scheme under this Act by-
- (a) making any measurement or survey or taking levels of such land or building ;
- (b) setting out and marking boundaries and intended lines of development ;
- (c) marking such levels, boundaries and lines by placing marks and cutting trenches ;
- (d) examining works under construction and ascertaining the course of sewers and drains ;
- (e) ascertaining whether any land is being or has been developed in contravention of any provision of this Act, or rules or regulations thereunder : Provided that,-
- (i) in the case of any building used as a dwelling-house, or upon any enclosed part of garden attached to such a building, no such entry shall be made except between the hours of sunrise and sunset or without giving its occupier at least 24 hours notice in writing of the intention to enter ;
- (ii) sufficient opportunity shall in every instance be given to enable women (if any) to withdraw from such land or building ;
- (iii) due regard shall always be had, so far may be compatible, with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building entered.
- (2) The power of the Director of Town Planning shall extend to the whole of the State ; and the power of any Town Planning Officer or any person authorised by the Regional Board, Planning Authority or Development Authority shall extend only to the area under the jurisdiction of such Board or Authority; and the power of the person authorised by the Arbitrator or State Government shall extend to such area as the Arbitrator or State Government may specify in this behalf.
- (3) Any person who obstructs the entry of a person empowered or authorised under this section to enter into or upon any land or building or molests such persons after such entry shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both.
Study data processing for this section.
PDF: pending for this language.