section 91
Power to vary scheme on ground of error, irregularity or informality.
The Maharashtra Regional and Town Planning Act, 1966Infrastructure1966196 sections11 chapters
Variation of Schemes
Statutory text
- (1) If after the final scheme has come into force, the Planning Authority considers that the scheme is defective on account of an error, irregularity or informality or that the scheme needs variation or modification of a minor nature, the Planning Authority may apply in writing to the State Government for variation of the scheme.
- (2) If, on receiving such application or otherwise, the State Government is satisfied that the variation required is not substantial, the State Government shall, by notification in the Official Gazette, authorise or direct the Planning Authority to prepare 1[a draft of such variation and publish a notice in the Official Gazette, and in such other manner as may be prescribed stating that a draft variation has been prepared]. (3)2[The notice of preparation of draft variation published] under sub-section (2) shall state every amendment proposed to be made in the scheme, and if any such amendment relates to a matter specified in any of the sub-clauses (i) to (ii) of clause (b) of section 59, the draft variation shall also contain such other particulars as may be prescribed.
- (4) The draft variation shall be open to the inspection of the public at the office of the Planning Authority during office hours 3[and copies of such draft variation or any extract therefrom certified to be correct shall be available for sale to the public at a reasonable price.]
- (5) Not later than one month of the date of the 4[publication of the notice regarding preparation of draft variation], any person affected thereby may communicate in writing his objections to such variation to the State Government, and send a copy thereof to the Planning Authority.
- (6) After receiving the objections under sub-section (5), the State Government may, after consulting the Planning Authority and after making such enquiry as it may think fit, by notification in the Official Gazette,- (a) appoint an Arbitrator, and thereupon the provisions of this Chapter shall, so far as may be, apply to such draft variation, as if it were a draft scheme submitted to the State Government for sanction ;
- (b) sanction the variation with or without modifications ; or
- (c) refuse to sanction the variation.
- (7) From the date of the notification sanctioning the variation, with or without modifications, such variation shall take effect as if it were incorporated in the scheme.
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