MRTP ACT

History

• The Bombay Town Planning Act, 1915 for Bombay

state today geographical boundary of Gujarat &
Maharashtra
1. Preparation of Town Planning Schemes
2. Recovery of betterment contribution from
benefitted owners of land
Shortcoming - Piecemeal planning, no relation with
adjoiningareas
• Bombay Town Planning Act1954 for Bombay,
Saurashtra, Kutch, Gujarat area, Vidarbha &
Marathwada
1. Concept of Development Plan was
introduced
2. TP remained the main planning instrument
for implementation of DP
• Maharashtra Regional Town Planning Act
1966 Model act for Maharashtra state
based on comprehensive planning theory
1. Regulated development in urban areas
2. And in areas having potential of
becoming urbanized
1. Regional Planning Board – Director of Town
Planning, Town planning officer, others appointed by the state
from local authorities and other persons with special knowledge or
practical experience.
2. Regional Planning Committee – Advisory body
3. Planning Authority – local authority, a special planning authority

4. State Government
5. Public
 Objectives
• To make provision for planning the development and use of land in
“regions” established for that purpose and for the constitution of
Regional Planning Boards;
• To make better provisions for the preparation of Development Plans
with a view to ensuring that Town Planning Schemes are made in a
proper manner and their execution is made effective;
• To provide for the creation of New Towns by means of
Development Authorities;
• To make provisions for the compulsory acquisition of land required
for public purposes in respect of the plans;
• And for purposes connected with the matters aforesaid
 State Urban and Regional Planning
Board
• State Urban and Regional Planning Board constitute and appoint for
the purpose of carrying out the function assigned to it under this act.
• The board shall consist of a chairperson, a vice chairperson and not
more than twenty three member to be appointed by government.
• Functions of board
• Board should advice the government in matters related to policy
formulation for planning.
• Development and implementation of state program.
• Use of rural and urban land in state.
• Guide direct and assist metropolitan and district planning committees
on matters respective area.
• Take account for various region in the state for achieving spatial-
economic development and social justice
• M.R.T.P. Act is divided into four major categories of
planning work at present undertaken in Maharashtra
state. These four categories are:
1. Preparation of Regional Plan for selected areas.
2. Preparation for development plans for towns, as an
obligatory duty by every planning Authority.
3. Preparation of town planning Schemes for selected
urban areas.
4. Preparation of plans for New Towns, as proposed under
Regional Plans in first.
The3scales:
1. Regional Plan

2. Development Plan

3. Town PlanningScheme
 Regional Planning contents
• Allocation of land for different uses
• Reservation of areas for open spaces, recreation etc.
• Transport & communication
• Public utilities & amenities like water supply, drainage etc.
• Reservation of sites for green field development
• Preservation, conservation & development of areas of natural scenery,
forest etc.
• Heritage preservation
• Areas for military & defence purposes
• Prevention of erosion & afforestation, reforestation & other environmental
issues
• Proposals for irrigation, water supply, flood control etc.
• Distribution of population
 Process

1. Establishment of region (By State

Government) - Notification in official gazette
2. Constitution of Regional Planning Board (By
State Government) - Notification in official gazette
3. Survey of Region (By Regional Planning
Board) - No prescribed time limit, but as the State
govt. may determine
4. Preparation of Draft Regional Plan (By Regional
Planning Board) - Notification in official gazette; Copies
available for sale to public Suggestions & Objections
invited before such date not less than 4 months
5. Modifications (By Regional Planning Board) -
Reasonable opportunity to all persons affected of being
heard
6. Submissions to State Government
7. Publication of ‘Final Regional plan’ & Date of
operation (By State Government)
8. Revision of Regional Plan (By State Government)
- Not earlier than 10 years May follow the same process
right from ‘Establishment of region’
Development Plan contents
• Allocation of land for different uses
• Reservation of areas for open spaces, recreation etc.
• Transport & communication
• Public utilities & amenities like water supply, drainage etc.
• Service industries, industrial estatesetc.
• Preservation, conservation & development of areas of natural
scenery, forest etc.
• Heritage preservation
• Proposals for irrigation, water supply, flood control etc.
• The filling up or reclamation of low lying, swampy or unhealthy
areas, or levelling up of land
• Development control regulations
 Process

1. Declaration of the intention to prepare DP – (By Planning

Authority) - Notification in official gazette

2. Survey & preparation of existing Land-use map (By Planning

Authority) - Not later then 6months from the date of declaration of
intention Time can be extended by Sategovt.

3. Preparation of draft Development Plan - Not later then 24 months

from the date of declaration of intention Notification in official gazette

Suggestion & Objections invited with in 60 days from the notification

4. Modifications in the draft DP – (By Planning Authority) - The
affected are given a reasonable opportunity of being heard & submit
report to Planning Authority within 2 months
5. Including modifications in draft DPwithin 3months of receipt from PC
Notification in Official Gazette
6. Suggestions & Objections invited from public (By Planning
Authority) - Within 60 days from date of notice
7. Submission to the State Government - Within 12 months from the
date of publication of notice in the official gazette, regarding its
preparation (may be extended but not more than 24 months)
8. Sanction of plan (By State Government) - Within 12 months from
the date of receipt of plan Notification in Official Gazette;
inviting objections (if any) within 60 days
9. Final Development Plan & Acquiring of land – (By State
Govt. &Planning Authority resp.) - Final DP would come into
operation after 1 month from its publication Acquiring of land
within 10years from the date of operation
Revision within 20years from the date of operation
 Contents of Draft Town Planning
Scheme
1. Ownership, area and tenure of original land holdings.
2. Details of reservation, acquisition or allotment of land.
3. Extent and boundaries where plot reconstitution is
required.
4. Total cost estimations.
5. Allotment of final plots to owner and transfer of
ownership.
 Process
1. Declaration of the intention - Notification in official gazette
2. Suggestions & Objections invited from public - Within30days from
date of notice
3. Preparation & Publication of Draft scheme - Within12months of
declaration Restriction on development Copies Draft TPSavailable for
inspection or sale
4. Appointment of Arbitrator - Within 1month of sanction of draft TPS
By publishing in official gazette
5. Suggestions & Objections invited
6. Submission Final Scheme to State Govt.
7. Sanction of Final TP Scheme - Within 4months of submission
8. Enforcement of Scheme
 Land management options

1. Land acquisition
2. Transferable Development Rights (TDR)
3. Plot reconstitution method
 Planning and Development
Funds consist of:
1. Grants from National & State Govt. and any
other agencies.
2. Budget allocated to the planning authority.
3. Development charges and fees.
4. Betterment charges.
5. Development permission charges.
6. Loans.
 Shortcomings:

• No definite time limit prescribed for the

preparation of DP by the planningauthority
• Reservations for public use on private lands
remains on paper itself
• DPs too idealistic, out of implementing capacity
• Act casts obligation on the planning authority to
prepare a DP, but no similar obligation to
implement it
• No time limit prescribed for TPS
 New Towns

• If the State Government is satisfied that it is expedient in

the public interest that any area should be developed as
a site for a new town as reserved or designated 1[in any
draft or final Regional Plan] it may, by notification in the
Official Gazette, designate that area as a the site for the
proposed new town. The new town shall be known by the
name specified in the notification.
• After publication of the notification under sub-section (1)
for the purpose of acquiring, developing and disposing of
land in the area of a new town, the State Government
shall by another notification in the Official Gazette
constitute a New Town Development Authority.
New Town Development Authority

• Chairman,
• Vice-Chairman,
• two members representing the local authorities
functioning in the Region and such number of other
members not exceeding seven
• With the opinion of State Government have special
knowledge or practical experience in matters relating to
town and country planning,
• An officer to be called the Town Planning Officer and Chief
Executive Officer.
• The Chairman and the Vice-Chairman and all other
members shall be appointed by the State Government.
• The Chief Executive Officer shall be the Secretary of the
Development Authority.
• Every Development Authority shall be a body corporate with
perpetual succession and a common seal with power to
acquire, hold and dispose of property, both movable
and immovable, and contract and sue or be sued by such
name as may be specified in the notification.
• [On the constitution of, or on the declaration of any
corporation or company as] a Development Authority or any
new town, the local authority or authorities functioning,
within the area designated under this Act as a site for the
new town, immediately [before such constitution or
declaration] shall cease to exercise the powers and perform
the functions and duties which the said Development
Authority is competent to exercise and perform under this
Act.
• The Development Authority shall have its office at such
place as the State Government may appoint in this behalf.
 Objects of the Development
Authority
• The objects of a Development Authority shall be to
secure the laying out and development of the new
town in accordance with proposals approved in that
behalf under the 3[provisions] of this Act, and for that
purpose every such Authority shall 4[subject to the
provisions of Section 113A] have power to acquire,
hold, manage and dispose of land and other property
to carry out building and other operations, to provide
water, electricity, gas, sewerage and other services,
amenities and facilities and generally to do anything
necessary or expedient for the purpose of the new
town or for purposes incidental thereto.
• Without prejudice to any provision of this Act requiring
the consent of the State Government to be obtained
for anything to be done by a Development Authority,
the State Government may give directions to any such
Development Authority for restricting the exercise by
it of any of its powers under this Act, or for requiring
it to exercise those powers in any manner specified in
the directions
 Planning and control of
development in new towns
• The Development Authority] shall from time to time
submit to the State Government in accordance with
any directions that may be given by the State
Government in that behalf its proposals for the
development of land within the area designated under
this Act as the site of the new town, and the State
Government, 7[after consultation with the Director of
Town Planning], may approve any such proposals
either with or without modification.
Acquisition of land by Development
Authority
• A Development Authority 2[constituted under sub-section
(2) of section 113] shall have all the powers of a Planning
Authority under this Act as provided in Chapter VII for
the purpose of acquisition either by agreement or under
the Land Acquisition Act, 1894 (I of 1894) of-
(a) any land within the area designated under this Act as
the site of the new town;
(b) any land adjacent to that area which is required for
purposes connected with the development of the new town;
and
(c) any land whether adjacent to that area or not which is
required for provision of services of amenities for the
purposes of the new town.
 Obligation to purchase designated
land
• Where any land within the area designated by a
notification under section 113 of this Act as the site of
the new towns has not been 1[acquired by the State
Government or a Development Authority constituted
under sub-section (2) of section 113] within a period of
ten years from the date of the notification, any owner of
the land may by notice in writing 2[served on the State
Government or the Development Authority] require it to
acquire his interest therein; and thereupon, the
provisions of section 127 providing for lapsing of
reservations shall apply in relation to such land as they
apply in relation to land reserved under any plan under
this Act.
 Power to make agreement for
provision of service
• A Development Authority may make any agreement or
enter into any contract with any local authority,
Planning Authority or statutory body in order to secure
the provision of services, such as water supply,
drainage, including sewerage, electricity, gas within
the area of the new town, subject to the power of the
State Government to modify or disallow such
agreement or contract.
Contributions by Development Authority
towards expenditure of local authorities and statutory
authority

• Any Development Authority may, with the consent of

the State Government contribute such sums as the
State Government may determine towards
expenditure incurred or to be incurred by any local
authority, Planning Authority or statutory body in the
performance, in relation to the new town, of any of
their statutory functions, including expenditure so
incurred in the acquisition of land.
 Advances and payments by State
Government to Development
Authorities:-
• (1) For the purpose of enabling a Development
Authority 1[constituted under sub-section (2) of
section 113] to defray expenditure properly
chargeable to capital account including the
provisions of working capital, the State
Government may after due appropriation made
by the State Legislature by law in this behalf
make advances to the Development Authority
repayable over such periods and on such terms
as may be approved by the State Government.
• For the purpose of enabling 2[such Development
Authority] to defray any other expenditure, the State
Government may, after due appropriation made by the
State Legislature by law in this behalf, make grants to
the Development Authority of such amounts it may
decide in this behalf.
• All sums received by the State Government by way of
interest on an advance made to a Development
Authority under sub-section (1) and all sums received
by way of repayment of the principal of such an advance
shall be paid into the Consolidated Fund of the
State; and the State Government shall lay before
each House of the Legislature of the State a
statement of any sums due from a Development
Authority by way of interest on or repayment of any
such advances which are not duly paid to the State
Government in accordance with the terms approved
under subsection (1).
• It shall be a condition of the making of advances to a
Development Authority under this section that 3[the
plans or proposals] for development submitted to the
State Government 4[under this Act] shall be approved
by the State Government as being likely to secure for
the Development Authority an overall return which is
reasonable, having regard to all the circumstances,
when compared with the cost of carrying out those
proposals.
• Every Development Authority shall provide
the State Government with such information
relating to the undertaking of the Authority
as the State Government may from time to
time require, and for that purpose shall
permit any person authorised by the State
Government in that behalf to inspect and
make copies of the accounts, books,
documents or papers of the Development
Authority and shall afford such explanation
thereof as that person or the State
Government may reasonably require.
Power of Development Authority to
borrow and to accept deposits
• (a) subject to such conditions as may be determined in
this behalf by the Government, borrow money in the
open market or otherwise with a view to provide itself
with adequate resources;
• (b) accept deposits on such conditions as it deems fit
from persons to whom allotment or sale of land or
building or any structure is made, or is likely to be made,
in furtherance of the objects of this Chapter.
• (2) All moneys borrowed under sub-section (1) may be
guaranteed by the State Government as to the
repayment of principal and interest at such rates and on
such conditions as the State Government may determine
at the time the moneys are borrowed].
 Combination and transfer of
Development Authority
• If it appears to the State Government, in the case of
any area designated under this Act as the site of a
new town, that there are exceptional circumstances
which render it expedient that the functions of a
Development Authority under this Act should be
performed by the Development Authority established
for the purpose of any other new town, instead of by a
separate Development Authority by order, direct that
the said functions shall be performed by the
Development Authority established for the said other
new town.
(2) If it appears to the State Government that there are
exceptional circumstances which render it expedient that the
functions of a Development Authority established for the
purposes of a new town should be transferred to the
Development Authority established for the purposes of any
other new town, or to a new Development Authority to be
established for the purposes of the first mentioned new town
it may be order provide for the dissolution for the first
mentioned Development Authority and for the transfer of its
functions, property, rights and liabilities to the Development
Authority established for the purposes of the said other new
town or, as the case may be, to a new Development Authority
established for the purposes of the first mentioned new town
by the order.
• (3) Without prejudice to the provisions of this Act with
respect to the variation of orders made thereunder, an
order under this section, providing for the exercise of
functions in relation to purposes of another new town, or
for the transfer of such functions to such a Development
Authority, may modify the name and constitution of that
Development Authority in such a manner as appears to the
State Government to be expedient, and for the purposes of
this Act that Development Authority shall be deemed to
have been established for the purposes of each of those
new towns.
• (4) Before making an order under this section providing for
the transfer of functions from or to a Development
Authority or for of any functions to such a Development
Authority, the State Government shall consult with that
Development Authority.
Comparison of TCP act of Seven
States