Assignment -2B

A review of a State Town and Country Planning Acts

The Sikkim Urban and Regional Planning and Development Act,

1998
&
The Maharashtra Regional and Town Planning Act, 1966

Course Coordinator
Dr. Vidya V. Ghuge
Submitted by,
Shivam Gautam
MT20UPL024
1st year MTech ,
Urban Planning
The Maharashtra Regional and Town Planning Act, 1966
Objective
 Provision for planning the development and
use of land in “regions” established of Regional
Planning Boards constitution.
 Provisions for the preparation of Development
Plans for ensuring the Town Planning Schemes
execution is made in proper and effectively.
 To provide for the creation of New Towns by
means of Development Authorities.
The Sikkim Urban and Regional Planning and
Development Act, 1998
Objective
 To make provision for the promotion of
development and regulation of growth of
regions and of urban and rural areas in the
State of Sikkim and for purposes connected
there with and incidental thereto.
The Maharashtra Regional and Town Planning Act, 1966
Provisions related to Regional Plans
a) Region – (section 3)
Any area in the State, by defining its limits, to be a
Region.
b) Constitution of Regional Planning Boards-
(section 4)
Consisting of a Chairman &the Director of Town
Planning ; maximum four members appointed by the
State Government of local authorities.
c) Powers and duties of Board – (section 8)
 To carry out a survey of the Region, and prepare
 reports on the surveys.
 To prepare an existing-land-use map
 To prepare a Regional plan;
 To perform any other duties or functions as are
supplemental prescribed by regulations
d) Contents of Regional Plan – (section 14)
 Allocation of land for different uses
 Reservation of areas for open spaces, recreation etc.
 Transport & communication
 Public utilities & amenities like water supply,
drainage.
 Reservation of sites for green field development
 Preservation, conservation & development of areas
of natural scenery, forest etc.
The Sikkim Urban and Regional Planning and
Development Act, 1998
Provisions related to Regional Plans
a) State Urban and Regional Planning Board –
(section 3)
Board shall consist of a Chairperson, Vice
Chairperson and not more than twenty other
members to be appointed by the Government.
b) Function and power of the Board – (section 4)
 Physical and natural resource potentials and their
utilization and fiscal resource mobilization
 Natural disaster-prone areas
 Poverty alleviation and employment in both formal
and informal sectors
 Development of trade, commerce, and industries
 Agriculture and rural development
 National and state level transportation network
 Infrastructure development
 Urbanisation trends, urbanisation policy,
settlement pattern of large and medium towns and
their functional specialization
 Protection of environmentally and ecologically
sensitive areas and conservation of national and
state level heritage areas
 Generalised land use
 Phasing of the plan in periods of five years
coterminous with the State Five Year Plan
The Maharashtra Regional and Town Planning Act, 1966
Provisions related to Regional Plans
 Heritage preservation & Areas for military &
defense.
 Prevention of erosion & afforestation, reforestation
& other environmental issues
 Proposals for irrigation, water supply, flood control
etc.
 Distribution of population
e) Submission of Regional Plan – (section 15)
Submitted to the State Government with all other
documents, maps and plans for approval and within
the prescribed period, by notification in the Official
Gazette about the approval of plan.
f) Procedure followed in preparing and approving
Regional Plan – (section 16)
 Existing-land-use map and the regional survey
carried out and preparation of Maps, charts and a
report
 Recommendations to the State Government by local
authorities in the draft Regional plan.
 The Regional Board modify the objections,
suggestions and representations received by it to
the Regional Planning Committee.
The Sikkim Urban and Regional Planning and
Development Act, 1998
Provisions related to Regional Plans
c) Approval of State Perspective plan – (Section 9)
 The State Perspective Plan, after approval by the
Board, shall be forwarded to the Government.
 State Perspective Plan the Government may
publish the salient features of such a plan in at
least two local newspapers circulating in the
State
 The Government may, approve the perspective
plan with or without the modifications proposed by
the Committee within a period of 90 (ninety) days
from the date of receipt of the State perspective
plan by the State Government.
d) Review and revision of State Perspective plan –
(Section 10)
At least once in ten years from the date of approval
of the State Perspective Plan by the Government
under sub ..section (4) of section 9, the Board, with
the assistance of the Chief Town Planner, shall review
such plan and prepare a fresh State Perspective Plan
for a period of twenty-five years from the date of
review after incorporating such modifications and
amendments as may be necessary and submit the
same for approval to the Government.
The Maharashtra Regional and Town Planning Act, 1966 The Sikkim Urban and Regional Planning and
Development Act, 1998
Provisions related to Regional Plans Provisions related to Regional Plans

 Suggestions, objections and representations, the No such provision or section contains the
Regional Board will prepare the Regional plan information about Expenses of Regional Board in
containing such modifications and submit it to the Regional Plans and Regional Planning Boards
State Government for approval.
g) Publication of Regional plan – (section 17)
Regional plan is approved by the State Government, it
is published to all persons affected by the Regional
plan(60 Days come into operation )
h) Restriction on change of user of land or
development after that – (section 18)
No person can change the use of any
land/development of any land without permission.
i) Expenses of Regional Board
The Maharashtra Regional and Town Planning Act, 1966
Provisions for Development Plan
a) Development Plan – (section 21)
“Development plan ” means a plan for the
development or re-development of the area within the
jurisdiction of a Planning Authority. (prepared in 3 yrs)
b) Contents of Development Plan – (section 22)
 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 ,Heritage preservation etc.
 Proposals for irrigation, water supply, flood control
 The filling up or reclamation of low lying, swampy
or unhealthy areas, or levelling up of land
 Development control regulations
c) Modifications of substantial nature – (section
22A)
modifications made by the State Government in the
draft Development Plan in a reserved site, a new road
or proposed roads, change in the proposal of allocating
the use of certain lands from one zone to any other
zone, alteration in the FSI.
The Sikkim Urban and Regional Planning and
Development Act, 1998
Provisions for Development Plan
a) Declaration of regional planning area –
(Section11)
The Government may, after consultation with the
Board, by notification in the Official Gazette from time
to time, declare any area in the State to be a regional
planning area for the purpose of this Act.
b) Contents of a regional development plan –
(Section13)
The regional development plan shall indicate the
stages by which development may be carried out, the
network of transport and communication lines, the
proposals for conservation and development of
natural resources and such other matters as may
have an influence on the development of the concerned
area.
c) Preparation of regional development plan –
(Section12)
Regional development plan is to be prepared, prepare a
regional development plan for such area together with
a report explaining the various aspects of the
developments proposed in such plan.
It shall be the duty of every Government Department
and local authority to furnish as soon as may be
possible. maps. reports and record as may be required.
The Maharashtra Regional and Town Planning Act, 1966 The Sikkim Urban and Regional Planning and
Development Act, 1998
Provisions for Development Authorities Provisions for Development Plan
d) Plans for areas of Comprehensive Development
d) Power of Government to require the Chief Town
Plan – (section 33)
Planner to prepare a regional development plan
 Urban renewal, housing, shopping centers,
for any area – (Section14)
industrial areas, civic centers, educational and
the Government may be notification require the Chief
cultural institutions.
Town Planner to prepare and submit to the Board
 control of architectural features, elevation and
before a fixed date, a regional development plan in
frontage of buildings and structures.
respect of any area.
 Plans of areas having bad layout, obsolete
e) Revision of the Regional Development Plan –
development and slum areas and re-location of
(Section20)
population.
If the Government, at any time, after a regional
 Open spaces, gardens, playgrounds and recreation
development plan has been published in the Official
areas.
Gazette under section 18, but at least once in five
e) Power of State Government or Planning Authority
years therefrom, is of the opinion that a revision of
to permit temporary change of user – (section 37A)
such regional development plan is necessary.
Temporary use of any plot of land, reserved, designated
or allocated for the purpose of play-ground, for
management of any disaster or emergency such as
Helipad or other essential use
f) Revision of Development plan – (section 38)
At least once in 20 years from the date on which a
Development plan has come into operation and revise
the Development plan after carrying out survey and
preparing an existing-land-use map of the area within
its jurisdiction.
The Maharashtra Regional and Town Planning Act, 1966
Provisions for Development Authorities
a) Declaration of development area – (section 42A)
The State Government for the purpose of securing
planned development of areas within the State,
declare by notification in the Official Gazette, any area
in the State to be a development area.
b) Constitution of Area Development Authority –
(section 42C)
State Government with notification in the Official
Gazette form an authority for the purpose of carrying
out the functions assigned to an Area Development
Authority under this Act.
c) Powers and functions of Area Development
Authority – (section 42F)
The powers and functions of an Area Development
Authority are as follows:
 Preparation and execution of town planning schemes.
 To carry out surveys in the development area for the
preparation of town planning schemes.
 To control the development activities in accordance
with the development plan and town planning
schemes.
 To enter into contracts, agreements or arrangements,
with any person or organization as the Area
Development Authority.
The Sikkim Urban and Regional Planning and
Development Act, 1998
Provisions for Development Plan
a) Declaration of development area – (section 21)
the Government shall, for the purposes of proper
development of such area or areas, by notification,
declare such area or areas to be a development area
for the purposes of this Act and shall assign a name to
such area.
b) Constitution of Committees – (Section27)
The Authority may constitute as many committees
consisting wholly of members or wholly of other
persons or partly of members and partly of other
persons and for such purposes as it may think fit.
c) Functions and powers of development authority
– (Section 24)
The powers and functions of an Area Development
Authority are as follows:
 prepare an existing land use map
 prepare and enforce a perspective plan
 prepare and enforce a development plan,
 prepare and enforce an annual plan
 prepare and enforce development schemes
 carry out or cause to be carried out execution of
projects and schemes framed under the perspective
plan, development plan or the annual plan
The Maharashtra Regional and Town Planning Act, 1966
Preparation of Existing Land use map
a) Provision for survey and preparation of
existing-land use map – (section 25)
After the declaration by Planning Authority to prepare
a Development plan and in six months after the
declaration or not later than such further time as the
State Government may from time to time extend, a
Planning Authority carry out a survey of the lands
within the jurisdiction of the Planning Authority and
prepare an existing-land-use map indicating the
existing use of land.
b) Publication of notice] of draft Development plan
– (section 26)
Planning Authority with in two years from the date of
notice published prepare a draft Development plan
and publish a notice in the Official Gazette.
The Sikkim Urban and Regional Planning and
Development Act, 1998
Preparation of Existing Land use map
a) Preparation of Existing Land Use Map and
Register – (Section30)
The Chief Town Planner and the Authority shall, not
later than six months after the declaration of the
regional planning area under section 11 and the
development area under section 21 respectively or
within such time as the Government may from time to
time, extend, but not later than one year, prepare an
Existing Land Use Map.
b) Notice of the Preparation of the Map and
Register – (Section31)
After the preparation of the Map and Register under
section 30, the Chief Town Planner in the case of the
regional planning area and the Authority in the case
of the development area shall publish a public notice
stating that such Map and Register has been
prepared, and indicating therein the place or places
where copies of the Map or Register, or both may be
inspected, and inviting objections In Writing from any
person with respect to the Map and the Register within
thirty days of the publication of such notice.
The Maharashtra Regional and Town Planning Act, 1966
Control of Development and use of land
a) Restrictions on development of land – (section
43)
No person can change the use of any land
/development of land without the permission in
writing of the Planning Authority.
No such permission required for necessary works:
 For the maintenance, improvement or other
alteration of any building.
 Maintenance or improvement of a highway, road
or public street, etc.
 Inspecting, repairing or renewing any drains,
sewers, mains, pipes, cable, telephone or other
apparatus including the breaking open of any
street.
b) Application for permission for development –
(section 44)
Any person not being Central or State Government or
local authority intending to carry out any
development on any land shall make an application
in writing to the Planning Authority for permission.
The Sikkim Urban and Regional Planning and
Development Act, 1998
Control of Development and use of land
a) Prohibition of development – (Section44)
No person can change the use of any land
/development of land without the permission in
writing of the Planning Authority.
No such permission required for necessary works:
 For the maintenance, improvement or other
alteration of any building.
 Maintenance or improvement of a highway, road
or public street, etc.
 Inspecting, repairing or renewing any drains,
sewers, mains, pipes, cable, telephone or other
apparatus including the breaking open of any
street.
 for normal use of land which has been used
temporarily for other purposes
b) Permission for development – (Section45)
Any person or body intending to carry out any
development on any land shall make an application in
writing to the Authority for permission in such form
containing such particulars and accompanied by
such documents, fee and plans as may be prescribed
by the rules and regulations.
The Maharashtra Regional and Town Planning Act, 1966
Control of Development and use of land
c) Grant or refusal of permission – (section 45)
 grant the permission(unconditionally) or grant the
permission with special conditions or refuse the
permission.
 If the Planning Authority does not communicate
its decision whether to grant or refuse permission
to the applicant within sixty days from the date of
receipt of his application such permission shall be
deemed to have been granted.
d) Provisions of Development plan to be
considered before granting permission – (section
46)
The Planning Authority in considering application for
permission have to consider the provisions of any
draft or final development plan.
The Sikkim Urban and Regional Planning and
Development Act, 1998
Control of Development and use of land
c) Appeal against refusal or conditional grant of
permission – (Section46)
Any applicant aggrieved by an order passed may
appeal, within one month of the communication of
that order or if no order is passed, after the expiry of
the period of three months from the date of
submitting the application for permission.
 granting permission unconditionally
 granting permission subject to such conditions as
it may think fit
 removing the conditions subject to which
permission has been granted and imposing other
conditions
The Maharashtra Regional and Town Planning Act, 1966
Provisions related to Unauthorized Development
a) Penalty for unauthorized development or for use
otherwise than in conformity with Development
plan – (section 52)
Any person continues to use or allows the use of any
land or building which is not permitted in
Development plan without being allowed will be
punished with fine which may extend to 5,000
rupees.
b) Power to require removal of unauthorized
development – (section 53)
Non permitted development of land has been carried
out ,the Planning Authority give the owner a notice
requiring him, within such period(1 month) and after
the service of the notice, to take such steps as may be
specified in the notice.
After that warning notice the owner can’t do following
things:
 Demolition or alteration of any building or works.
 Carrying out on land of any building or other
operations.
 Discontinuance of any use of land.
The Sikkim Urban and Regional Planning and
Development Act, 1998
Provisions related to Unauthorized Development
a) Penalty for unauthorised development or for use
otherwise than in conformity with the
development plan or development scheme –
(Section50)
Any person who continues to use or allows the use of
any land or building which is not permitted in
Development plan without being allowed will be
punished with fine which may extend to five
thousand rupees.
b) Power to require removal of unauthorised
development – (section 51)
If any non-permitted development of land has been
carried out, the Planning Authority give the owner a
notice requiring him, within such period, being not
less than 1 month and after the service of the notice,
to take such steps as may be specified in the notice.
After that warning notice the owner cannot do
following things:
 Demolition or alteration of any building or works.
 Carrying out on land of any building or other
operations.
 Discontinuance of any use of land.
The Maharashtra Regional and Town Planning Act, 1966
Provisions related to Unauthorized Development
c) Power to stop unauthorized developments –
(section 54)
Any person, who continues to carry out the
development of land, whether for himself or on behalf
of the owner or any other person, after such notice
has been served shall, on conviction, Person will be
punished with imprisonment for a term
which may extend to three years or with fine which
may extend to five thousand rupees or with both.
The Sikkim Urban and Regional Planning and
Development Act, 1998
Provisions related to Unauthorized Development
c) Power to stop unauthorised developments –
(section 52)
Any person, who continues to carry out the
development of land, whether for himself or on
behalf of the owner or any other person, after such
notice has been served, shall be punishable with
simple imprisonment for a term which may extend
to three years, or with a fine which may extend to
ten thousand rupees, or with both and when the
non-compliance is a continuing one, with a further
fine which may extend to five hundred rupees for
each day after the date of the service of the notice
during which non-compliance has continued or
continues.
The Maharashtra Regional and Town Planning Act, 1966
Town Planning and Development Schemes
a) Preparation and contents of town planning
scheme – (section 59)
Town planning scheme have provision for any of the
following matters:
 Laying out or re-laying out of land, either vacant
or already built upon, including areas of
comprehensive development.
 Filling-up or reclamation of low-lying, swampy or
unhealthy area, or levelling-up of land.
 Layout of new streets or roads, construction,
diversion, extension, alteration, improvement and
closing up of streets and roads.
 Construction, alteration and removal of buildings,
bridges and other structures.
 Allotment or reservation of land for open spaces,
gardens, recreation grounds, schools, markets,
green belts, dairies, transport facilities and public
purposes.
 Drainage, inclusive of sewerage, surface or sub-
soil drainage and sewage disposal.
 Lighting and water supply.
 Preservation of objects of historical or national
interest or natural beauty, and of building actually
used for religious purposes.
The Sikkim Urban and Regional Planning and
Development Act, 1998
Town Planning and Development Schemes
a) Publication of the development scheme and its
approval – (Section58)
A development scheme may be prepared for making
provision for all any of the following matters namely:
 establishment of industries. industrial estates,
flatted factories. service industries
 establishment of tourist centres and tourism
related infrastructure
 development and landscaping of open spaces,
recreational grounds, parks, Zoological and
botanical gardens, public assembly grounds and
social forestry
 redevelopment and renewal of blighted areas
 resettlement, rehabilitation and upgradation of
slum area
 provision of health care. educational, cultural,
religious and recreational facilities
 construction. reconstruction, alteration,
improvement and maintenance of public roads
and streets, bridges, parking lots, transport
terminals including bus depots, airports, bus
bays and stops, street lighting and avenue
plantation
The Maharashtra Regional and Town Planning Act, 1966
Town Planning and Development Schemes
b) Power of Planning Authority to resolve on
declaration of intention to make scheme – (section
60)
In 30 days of declaration of intention to make a
scheme ,the Planning Authority can publish the
declaration in the Official Gazette.
c) Making and publication of draft scheme – (section
61)
With in 9 months from the date of the declaration in
the Official Gazette and notice copy will be available
for inspection by the public .
d)Contents of draft scheme – (section 64)
 Ownership, area and tenure of original land holdings.
 Details of reservation, acquisition or allotment of
land.
 Extent and boundaries where plot reconstitution is
required.
 Total cost estimations.
 Allotment of final plots to owner and transfer of
ownership.
The Sikkim Urban and Regional Planning and
Development Act, 1998
Town Planning and Development Schemes
b) Power of the Authority to engage consultant –
(Section59)
The Authority may, for framing and executing a
development scheme, engage any consultant on such
terms and conditions as-may be agreed upon
between it and the consultant.
c) Power of the Authority to set-up functional
agencies – (Section61)
The Authority may, with the prior approval of the
Government, set-up functional agencies for
performance of such specific functions, not
inconsistent with the objects of this Act, in such
cases where it considers appropriate that it would be
in public interest and would affect economy and
efficiency in the performance of the functions
assigned to it.
The Maharashtra Regional and Town Planning Act, 1966 The Sikkim Urban and Regional Planning and
Development Act, 1998
New Town New Town
a) Designation of site for new town- (section 113)
The State Government for public interest notify in the
Official Gazette that any area should be developed as a No such provision or section contains the
site for a new town as reserved in Regional Plan. information about Draft Development Plans in
After publication of the notification acquiring, The Sikkim Urban and Regional Planning and
developing and disposing of land in the area of a new Development Act, 1998
town, the State Government by notification in the
Official Gazette form a New Town Development
For this provision refer – Sikkim State
Authority. Authority For Planning and
b) Objects of New Town Development Authority – Development Act, 2007
(section 114)
Secure the laying out and development of the new town
in accordance with proposals approved and have power
to acquire, hold, manage and dispose of land.
Other operations, to provide water, electricity, gas,
sewerage and other services, amenities and
facilities for the purpose of the new town.
c) Planning and control of development in new
towns –
(section 115)
Area which is required for the purposes connected with
the development of the new town, and any land
whether adjacent to that area or not which is required
for provisions of services or amenities for the purposes
of the new town.
The Maharashtra Regional and Town Planning Act, 1966
Land Acquisition
Sections 125 – 129 of land acquisition in MRTP
act are as follows-
 Compulsory acquisition of land needed for
purposes of Regional plan, Development plan,
or town planning schemes, etc.
 Acquisition of land required for public
purposes specified in plans.
 Lapsing of reservations.
 Power of State Government to acquire lands
for purpose other than the one for which it is
designated in any plan or scheme.
 Possession of land in case of urgency
The Sikkim Urban and Regional Planning and
Development Act, 1998
Land Acquisition
Sections 63 – 68 of land acquisition in SURPD
act are as follows-
 Any land required, reserved or designated in
a perspective plan., a development plan, or
an annual plan, or a development scheme
 Acquisition of land required for public
purposes specified in plans.
 The Authority may acquire land by
agreement by paying such amount as may
be arrived at through negotiated settlement
in such manner as may be prescribed under
regulations.
The Maharashtra Regional and Town Planning Act, 1966 The Sikkim Urban and Regional Planning and
Development Act, 1998

Finance, Account and Audit Finance, Account and Audit

Sections of Finance, Account and Audit in Sections of Finance, Account and Audit in
MRTP act are as follows- SURPD act are as follows-
 Funds.  Fund of the Authority
 Budget.  Budget
 Accounts and Audit of Regional Board.  Accounts and Audit
 Accounts and Audit of Special Planning  Increase in, duty on certain transfer of
Authority and Development Authority. immovable property
 Submission of report.  Contribution by municipal bodies to the
 Pension and provident funds. development fund
 Annual reports
 Pension and Provident fund
The Maharashtra Regional and Town Planning Act, 1966
Inferences
 Expenses of Regional Board in Regional
Plans and Regional Planning Boards
 New Town Planning Act in The Maharashtra
Regional and Town Planning Act, 1966
The Sikkim Urban and Regional Planning and
Development Act, 1998
Inferences
 For the New town Planning Act provision
refer – Sikkim State Authority For
Planning and Development Act, 2007
Thankyou….