The Maharashtra Regional and

Town Planning Act, 1966

Presented by -

Kirti Jadhav
5TH – A
 Introduction
• An Act 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
therefor; 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 the
public purposes in respect of the plans; and for purposes connected with the matters
aforesaid. Whereas, it is expedient 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 therefor; to make better provision 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 provision for the compulsory acquisition of land
required for public purposes in respect of the plans; and for purposes connected with the
matters aforesaid.
Objectives of Enactment of MRTP Act, 1966
The main objectives as mentioned in the preamble of the Maharashtra Regional and Town
Planning Act, 1966 are as follows:

• 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 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;

• And for purposes connected with the matters aforesaid.

The Salient features of this act include the provisions for Regional Planning, Development
plan, Town planning Schemes and finally Implementation schemes such as Land
Acquisition, Transfer Of Development Rights and Plot Reconstitution Techniques. The
Finance Aspect (Finance account and Audit) and the Governance for Plan Enforcement
(Planning Authority) are available under this Act.
Regional Planning contents & scale:
• 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 & defense purposes

• Prevention of erosion & afforestation, reforestation & other environmental issues

• Distribution of population
Development Plan contents & scale:
• 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 estates etc.

• 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 araes, or levelling up

• Development control regulations

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 planning
authority
• 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
Town Planning Schemes
As per the provisions Of M R TP Act, a Planning Authority may for the purpose Of implementing
the proposals in the Final Development Plan, prepare one or more town planning schemes for the
area within its jurisdiction.

• Declaration of intent: The Planning Authority shall declare the intent of making a Town
Planning Scheme and its publishing it in official gazette. The Planning Authority in consultation
with the Director of Country Planning shall make the draft scheme and publish the notification in
an official gazette within twelve months of the declaration of intent.

• Contents of draft scheme:

a. Ownership, area and tenure of original land holdings.

b. Details of reservation, acquisition or allotment of land.

c. Extent and boundaries where plot reconstitution is required.

d. Total cost estimations.

e. Allotment of final plots to owner and transfer of ownership

• Power of state government to sanction draft scheme: Within six months of notifying
in the official gazette about preparation of draft scheme, the planning authority shall
submit it to State government after incorporating the objection and suggestion and
modification, if any.

• Honouring the statutory plans: There is a restriction on use and development of land
after the declaration Of Town Planning Scheme. Within the area included in the scheme
no person shall change land use, or carry out any development with necessary
permissions from the planning authority.

The State government sanctions the final scheme and as it may think fit may withdraw a
scheme and once the final scheme comes to force, the Planning Authority has the powers
of eviction from a said property, demolition, alteration work etc. and execution of any
work deemed important under the scheme. For any variations on ground Sure to errors,
irregularities or informalities etc. Planning Authority may implement the changes after
getting permission from the state government in writing.
Inference
The MRTP Act of 1966 has tried to fulfil its objectives to a great extent, but looking to
the fact that most of the Maharashtra's economic growth coupled with urban
development are yet to come in the near future, a more comprehensive law on town
planning and urban development is required to be enacted, to be conceived in a regional
perspective. Reasonable time limit for preparing the different stages of the
plans/schemes by the planning authority as well as its approval by the State Government
must be provided for in the town planning Act.

Also, care should be taken to have provisions which are workable in the actual practice.
The planning legislation should be such as to be able to succeed in the court of law and
attain its objectives.
Undoubtedly, any planning legislation has to be dynamic and for well-being of
the people. However, it may have different provisions with respect to the local
needs. Besides, it must also be able to adapt the advancement in the technology
and modern tools available to the planners. Geographical Information System
(GIS) is a fast-emerging area in the field of information technology which has
influenced the planning process. The maps/plans generated from the GIS provide
improved clarity, easier to understand, does not allow for manipulation and are
better product than conventional maps, complete transparency which is the
keyword today can be attained while during the preparation of plans and
schemes. Due to absence of strong legal backing, Government is unable to
exploit this technology. Therefore, the planners and legal experts are required to
work out a mechanism to incorporate corresponding provisions in the planning
legislation considering its tremendous utility in the field Of planning practices.
Thus, this congress is timely and appropriate platform to discuss this aspect at
length and suggest suitable recommendations in the planning legislation.
Thank You.