Assignment 2-B

A review of a state town and country planning act

(Tripura Urban Planning and Development act, 2018)

Submitted by, Submitted to.

Rachana Patil Dr. Vidya Ghuge
(MT20UPL011)
 ❖ Objectives:

• To make provisions for planning, development and utilization of

urban and rural lands in a planned manner
• To provide for constitution of a Urban Planning and Development
Board and the matters connected therewith and incidental thereto,
WHEREAS, it is expedient to make provision for planning the
development and use of land in Regions established for that
purpose.
• 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 executions is made effective.
• To provide for the creation of new towns by means of Development
Authority.
• 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 .
❖ Comparison of Definition:
Maharashtra Regional and Town Planning
act, 1966.
• “amenity ” means roads, streets, open
spaces, parks, recreational grounds, play
grounds, sports complex, parade
grounds, gardens, markets, parking lots,
primary and secondary schools and
colleges and polytechnics, clinics,
dispensaries and hospitals, water supply,
electricity supply, street lighting,
sewerage, drainage, public works and
includes other utilities, services and
conveniences]
• “ Arbitrator ” means a person appointed
as the Arbitrator for the purposes of any
scheme or schemes under section 72 ;
• “ Regional Board ” or “ Board ” means a
Regional Planning Board constituted
under section 4;
Tripura Urban planning and Development
act,2018.
• “Amenities” means any one or more
than one utilities such as roads, streets,
open spaces, parks, recreational,
grounds, play grounds, water and
electric supply, street lighting, sewerage,
drainage, public works and other
utilities, services and conveniences;
• “Expert Committee” means an Arbitrator
appointed as such under Section 94;
• “Board” means the Tripura Urban
Planning and Development Board
constituted under Section 3;
❖ Comparison of Definition:
• “ Court ” means in Greater Bombay, the
Bombay City Civil Court; and elsewhere,
the principal civil court of original
jurisdiction; and includes any other civil
court of a Judge of Senior Division or a
Judicial Officer empowered by the State
Government to perform the functions of
the court under this Act within the
pecuniary and local limits of its
jurisdiction;
• “ development right” means right to
carry out development or to develop the
land or building or both and shall include
the transferable development right in the
form of right to utilise the Floor Space
Index of land utilisable either on the
remainder of the land partially reserved
for a public purpose or elsewhere, as the
final Development Control Regulations in
this behalf provide
• “Court” means a principal civil court of
law original jurisdiction and includes any
other civil court empowered by the State
Government to perform the functions of
the court under this Act within the
pecuniary and local limits of its
jurisdiction;
• “Development rights” means a right to
carry out development or to develop the
land or building or both and shall include
the transferrable development right in
the form of right to utilize the floor area
ratio or land utilizable either on the
remainder of the land partially reserved
for the public purpose or elsewhere as
may be provided in the zoning
regulations;
❖ Definition:
❖ Terms in MRTP (Not present in TUDA):
• Designated Officers, Development Authority, Development plan, Regional plan, Local
newspaper, Reconstituted plot, Region, Regional plan, Regional Planning Committee,
Town Planning Officer. (link : 1 , 2 )

❖ Terms in TUDA (Not present in MRTP):

• Building, commercial use, Director of town planning, Estate Officer, Means of access,
Master Plan, Estate officer, Townships, Transferee, Tribunal of appeal, Urban, Urban
local bodies. (Link : 1 , 2)
 ❖ Planning Board:
Name : TRIPURA URBAN PLANNING AND Name : REGIONAL PLANNING BOARD.(MRTP)
DEVELOPMENT BOARD.(TUDA)
a)Members (Section 4)
a) Members( Section 4 ) b)Terms of office and condition of services
b) Terms of office and condition of of members (Section 5)
services of members( Section 5 ) c)Resignation of member (Section 6)
c) Vacancies (Section 9). d)Vacancies.(Section 7)
d) Meeting of Board (Section 11). e)Power and duties of Regional Board
e) Power of board to appoint staff (Section 8)
( Section 13) f)Meeting of Board.(Section 9)
g)Consultation or association with
expert. (Section 10)
h)Power of board to appoint staff(Sec-11)
❖ Inference :
• In MRTP Act, 1966 all the direction are given clearly such as:
1) Power and duties of board ( Section 8)
2) Responsibilities to be taken by whom in absence of chairman or both chairmen and vice
chairman (Section 9.2).
3) Responsibility of guiding the staff appointed (Section 11.2).
 ❖ REGIONAL PLAN:
TRIPURA URBAN PLANNING AND
DEVELOPMENT ACT,2018.(TUDA)
a) Authority : State Government(Section 57)
b) Survey of Region and preparation of
Regional plan(Section 57).
c) Contents of Regional plan(Section58) .
d) Preparation and submission of regional
plan (Section 59).
e) Publication of Regional plan and date of
its operation(Section 60)
f)Changes and omission (Section 61)
g)Permission (Section 63)
h)Punishment (Section 65)
MAHARASHTRA REGIONAL AND TOWN
PLANING ACT,1966
a)Authority : Regional Board .
b) Survey of Region and preparation of
Regional plan:(Section 13)
c)Contents of Regional Plan (Section 14)
d)Submission of Regional Plan to State
Government for approval.(Section 15)
e)Procedure to be followed in preparing
and approving regional plan (Section 16)
f)Publication of RP and date of its
approval (Section 17)
g)Restriction on change of user of land or
development. (Section 18)

❖ Inference :
• MRTP act has well drafted provisions of Regional plan with detailed explain contents,
preparation, submission of same.
• Provision of omissions and permissions (section 61 and 63) are well explained in Tripura
Urban planning and development act 2018
 MASTER PLAN (TUDA)
a) Contents (Section 66)
b) Date of operation (Section 67)
DEVELOPMENT PLAN (MRTP)
a)Time limit, Extension, Fail to submit
declaration of intension, Fail to complete ,
New planning authority (Section 21 (1),
(4),(4 A), (5))

c) Alteration / addition (Section68). b)Content of Development (Section 22)

d) Minor changes (Section 69). c)Modification of substantial nature

(Section 22 A)

❖ Appraisal :
• Development plan in MRTP is well drafted with all the provisions well stated along with
all the possible cases like extension, fail to submit intention, fail to complete etc.
• Contents of development plan are explained comprehensively in MRTP.
 ❖UNAUTHORIZED DEVELOPMENT:
TRIPURA URBAN PLANNING AND
DEVELOPMENT ACT,2018.(TUDA)
Penalty for unauthorized development
(Section 78)
Power to require removal of unauthorized
development (Section 79).
Power to stop unauthorized developments
and Removal or discontinuance of
unauthorized temporary development
summarily. (Section 80)
MAHARASHTRA REGIONAL AND TOWN
PLANING ACT,1966
Penalty for unauthorized development
(Section 52)
Power to require removal of unauthorized
development (Section 53).
Power to stop unauthorized developments
(Section 54)
Removal or discontinuance of
unauthorized temporary development
summarily (Section 55).

❖ Difference:
• If the offence is continued than the fine is extended to one thousand rupees every day
according to TUDA, but for same offense the fine is two hundred in MRTP. (Section 78).
• For removal of unauthorized development in TUDA planning authority may request to police
officer (Section 80) but in MRTP planning authority can request to District magistrate or the
Commissioner of Police (Section 55).
TOWN DEVELOPMENT SCHEMES(TUDA) TOWN PLANNING SCHEMES(MRTP)

a) Provisions (Section 83) a) Provisions ( Section 59) .

b) Making and publication of draft scheme
(Section 85).
c) Inclusion of additional area in draft
scheme (Section 86):
d) Power of State Government to sanction
draft scheme (Section 90)
b) Power of Planning Authority to resolve
on declaration of intention to make
scheme (Section 60)
c)Making and publication of draft scheme
(Section 61)
d) Inclusion of additional area in draft
scheme (Section 62)
e)Contents of draft scheme (Section 64)
f)Objections to draft scheme to be
considered (Section 67)
g) Power of State Government to sanction
draft scheme (Section 68)

❖ DIFFERNCE : Difference in time span of :-

a)Making and publication of draft scheme:-
1)TUDA : 12 months for making draft and publishing.
2)MRTP : 9 months for making draft and publishing.
b)Extension period :-
1)TUDA : 6 months
2)MRTP : 3 months.
❖ APPRAISAL (Town planning scheme):
• Contents of draft scheme are well explained in MRTP Act, 1966.
• MRTP Act, 1966 is well drafted giving different section for different provision, For e.g.:
different section for “Objections to draft scheme to be considered”(Section 67):, but in
TUDA,2018 it is combine in same section of “Making and publication of draft
scheme”(Section 85) .

❖ NEW TOWN:
• Only some provision for new town are provided under Section 31 , 52 , 53 , 54 which is not
as detailed as MRTP NEW TOWN chapter VI.

❖ Difference (Land acquisition):

• Different acts are referred : a) TUDA - Land Acquisition, Rehabilitation and Resettlement
Act, 2013.(Section 38)
b) MRTP - Land Acquisition Act, 1894. (Section 125)
Thank You