Home India CENTRAL SECTION Part VIII, Ext. No. 78, MAHARASHTRA ACT No. XLIV OF 2025 An ...
Date: 2025-08-29 Category: Not Applicable State: Maharashtra Country: India

Part VIII, Ext. No. 78, MAHARASHTRA ACT No. XLIV OF 2025 An Act further to amend the Maharashtra Regional and Town Planning Act, 1966. Friday, 29th August 2025.

Issued by CENTRAL SECTION · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary** This document is the English translation of the Maharashtra Regional and Town Planning (Amendment) Act, 2025 (Maharashtra Act No. XLIV of 2025), published on August 29, 2025. It amends the Maharashtra Regional and Town Planning Act, 1966. Key provisions include the introduction of "Local Area Plan" and "Structure Plan" concepts, modifications to development plan processes, and revisions to financial aspects and administrative procedures within the existing act. **Key Points / Main Content** * **Definitions:** * Introduces the definition of "(14A) "Local Area plan," which is a plan for micro-planning and development of a specific local area, built or open, within an area with existing draft or final Development or Regional plan. * Introduces the definition of "(30A) "Structure plan," which means a plan for developing Regional or Town level roads and public amenities approved by the State Government. * **Section 22 Amendments:** * Revises clause (a) to include affordable housing in residential land use and specifies integrating land use with transport networks. * Adds clause (a-1) to allocate land for industrial and commercial purposes, including dedicated economic activities. * Revises clause (d) relating to transport and communications to include roads, highways, railways, waterways, and airports. * Adds clause (d-1) for a mobility plan containing inter-city and intra-city connectivity. * Adds clause (j-1) for integrating water bodies, green public spaces, urban forest, lakefronts, riverfronts, and place-making projects. * **Section 27 Amendments:** * Adds "or Structure plan" after "Regional plan" wherever it occurs. * **Chapter III Amendments:** * Replaces sub-heading (c) to "Provisions for preparation of interim Development plans, plans for areas of Comprehensive development, Local Area plan, etc.". * **Insertion of New Sections After Section 33** * Introduces Section 33A for "Local Area plan," allowing Planning Authorities or Appointed Authorities to prepare plans for developing or re-developing local areas. The section outlines specific provisions for detailing requirements, development, infrastructure, amenities, and cost estimates. * Introduces Section 33B on how the Planning Authority or Appointed Authority prepares a Local Area plan. The boundaries and objective of the Local Area plan must be delineated, and a resolution must be published in the Official Gazette for public suggestions. Surveys and data collection are required. * Introduces Section 33C that the State Government has three months from the date of receipt to sanction the draft Local Area plan with or without modifications. * Introduces Section 33D outlining the modification of final Local Area plans, allowing modifications by the Planning Authority or when directed by the State Government. It requires publishing notices and inviting objections. * **Insertion of New Chapter III-B After Chapter III-A** * Introduces Chapter III-B, including declaration of intention, preparation, submission, and sanction to structure plans. This includes sections 42H to 42N related to Structure Plans. Section 42H describes the state government declaring their intention to undertake the structure plan. 42I relates to the town planning officer. 42J relates to the content of the structure plan. 42K relates to preparation and publication of notice of draft Structure plan. 42L relates to objections to the draft Structure plan. 42M relates to the submission of draft Structure plan. 42N related to the sanction to draft Structure plan. * **Section 42O:** * Outlines land acquisition rules within Structure Plans, including a 20-year acquisition timeframe and related provisions. * **Financial and Administrative Amendments:** * Revises sections related to town planning schemes, including officer appointments (Section 60A), draft scheme procedures (Section 61), and financial aspects. Revises fees, interest rates and disposal of surplus amounts. * **Tribunal of Appeal:** * Modifies the structure and appointment procedures for the Tribunal of Appeal (Section 75). * **Scheme Variations:** * Modifies the process for varying schemes due to errors or irregularities (Section 91). * **Removal of Difficulties:** * Grants the State Government the power to issue directions to resolve difficulties in implementing the amended Act, within two years of its commencement. **Impact Analysis** **State Government** * **Impact:** Authority to define, approve, and modify structure plans, local area plans, and development schemes is expanded. Oversight and directive powers increase. * **Action Required:** Establish procedures for review, approval, and modification of Local Area and Structure plans. Review and update guidelines for existing planning processes to align with amendments. **Planning Authorities/Appointed Authorities** * **Impact:** Responsibilities expanded to include preparing and implementing Local Area plans and Structure plans. Increased collaboration with State Government and other agencies. * **Action Required:** Develop capabilities for micro-planning, detailed infrastructure assessments, and enhanced stakeholder engagement for Local Area plans. Adopt Structure plan preparation and review processes. **Land Owners/Property Owners** * **Impact:** New rules affect the use, development, and potential acquisition of land within Local Area plans and Structure plans. Potential impact on property values and development rights. * **Action Required:** Stay informed about Local Area plans and Structure plans affecting their properties. Participate in suggestion/objection processes during plan preparation. **Citizens/Public** * **Impact:** Planning process impacts urban development, infrastructure, amenities, and environmental conservation in local areas. * **Action Required:** Engage in public consultations for Local Area plans and Structure plans. **Town Planning Officers** * **Impact:** Appoint officers and define necessary qualifications. * **Action Required:** Town planning officer needs to perform all the duties of the planning authority for the purpose of preparing the draft scheme. **Director of Town Planning** * **Impact:** More influence in defining whether a scheme needs variation or modifications. * **Action Required:** The Director needs to be consulted before action can be taken.

Key Entities Referenced

Maharashtra Regional and Town Planning Act, 1966: The principal Act being amended by this document, providing a framework for regional and town planning in Maharashtra. Maharashtra Regional and Town Planning (Amendment) Act, 2025: The Act itself, amending the existing Maharashtra Regional and Town Planning Act, 1966. Local Area plan: A new type of plan introduced by the amendment, focused on micro-planning and development of specific local areas. Structure plan: A new type of plan introduced by the amendment, focused on regional and town level road and public amenity development. Maharashtra: The state where the policy is applicable.
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RNI No. MAHENG /2009/35528 महाारााष्ट्र� शाासन रााजपत्र असाधााराण भााग आठ वर्षष ११, अंक ३४(३)] शाुक्रवारा, ऑगस्ट २९, २०२५/भााद्रपद ७, शाके १९४७ [पष्ृठ े१४, किंकमं त : रुपये े२७.०० असाधााराण क्रमांक ७८ प्रााकिंधाकृत प्राकाशान महाारााष्ट्र किंवधाानमंडळााचेे अकिंधाकिंनयेम व रााज्येपालांांनी प्रााख्येाकिंपत केलांेलांे अध्येादेशा व केलांेलांे किंवकिंनयेम आकिंण किंवधाी व न्येाये किंवभाागाकडून आलांेलांी किंवधाेयेके (इंंग्रजी अनुवाद). In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Regional and Town planning (Amendment) Act, 2025 (Mah. Act No.XLIV of 2025), is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra, SATISH WAGHOLE, Secretary (Legislation) to Government, Law and Judiciary Department. MAHARASHTRA ACT No. XLIV OF 2025. (First published, after having received the assent of the Governnor in the “Maharashtra Government Gazette”, on the 29th August 2025). An Act further to amend the Maharashtra Regional and Town Planning Act, 1966. WHEREAS it is expedient further to amend the Maharashtra Regional and Mah. Town Planning Act, 1966 for the purposes hereinafter appearing; it is hereby XXXVII enacted in the Seventy-sixth Year of the Republic of India as follows :— of 1966. 1. This Act may be called the Maharashtra Regional and Town Planning Short title. (Amendment) Act, 2025. Mah. 2. In section 2 of the Maharashtra Regional and Town Planning Act, 1966 Amendment XXXVII (hereinafter referred to as “the principal Act”),— of section 2 of of 1966. Mah. XXXVII (i) after clause (14), the following clause shall be inserted, of 1966. namely :— “(14A) “Local Area plan” means a plan for micro-planning and development of a specific local area, built or open, which is part of an area for which draft or final Development plan or Regional plan exists;”; (१) भााग आठ-७८–१2 महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, ऑगस्ट २९, २०२५/भााद्रपद ७, शाके १९४७ (ii) after clause (30), the following clause shall be inserted, namely :— “(30A) “Structure plan” means a plan for the development of the Regional or Town level roads and Regional or Town level public amenities within any Region or area of any Planning Authority or area of any New Town Development Authority, which is approved by the State Government and has come into operation under this Act; and includes revision of a Structure plan;”. Amendment of 3. In section 22 of the principal Act,— section 22 of Mah. XXXVII (1) for clause (a), the following clauses shall be substituted, namely :— of 1966. “(a) proposals for allocating the use of land for purposes, such as residential including affordable housing, agricultural and recreational, and their integration with transport network; (a-1) proposals for allocating the use of land for purposes, such as industrial and commercial including identification and provision for dedicated economic activities, resources, business districts, markets and trading centers, and their integration with transport network;”; (2) for clause (d), the following clauses shall be substituted, namely :— “(d) transport and communications, such as roads, highways, park-ways, railways, water-ways, canals, airports and transportation hubs including their junctions, extension and development; (d-1) mobility plan containing inter-city and intra-city connectivity;”; (3) after clause (j), the following clause shall be inserted, namely :— “(j-1) proposal for integrating the existing water bodies, green public spaces, urban forest, lake fronts, river fronts, canal fronts and place making projects;”. Amendment of 4. In section 27 of the principal Act,— section 27 of (i) after the words “Regional plan ”, at both the places where they Mah. XXXVII of 1966. occur, the words “or Structure plan” shall be inserted; (ii) in the marginal note, after the words “Regional plan” the words “or Structure plan” shall be inserted. Substitution of 5. In Chapter III of the principal Act, under the heading DEVELOPMENT sub-heading (c) PLAN, for sub-heading (c), the following sub-heading shall be substituted, of Chapter III of namely :— Mah. XXXVII of 1966. “(c) Provisions for preparation of interim Development plans, plans for areas of Comprehensive development, Local Area plan, etc.”. Insertion of new 6. After section 33 of the principal Act, the following sections shall be sections after inserted, namely :— section 33 in Mah. XXXVII of 1966. Local Area “33A. (1) Where the local area for which draft or final Development plan. plan exist, the Planning Authority may, at any time, or when so directed by the State Government, within its jurisdiction, prepare Local Area plan containing proposals for the development of local area which in the opinion of the Planning Authority shall be developed or re-developed as a whole.महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, ऑगस्ट २९, २०२५/भााद्रपद ७, शाके १९४७ 3 (2) Where the local area for which draft or final Regional plan exists, any local authority or any agency, company or corporation established by the State Government or Central Government and appointed by the State Government (hereinafter in this section referred to as “the Appointed Authority”), may prepare Local Area plan containing proposals for development of specific area or areas which in the opinion of the State Government shall be developed or re-developed as a whole. (3) The Local Area plan in particular, shall provide for,— (a) detail provisions in addition to Development plan or Regional plan or regulations addressing the actual requirements of the area envisaging its micro-planning; (b) detail development, redevelopment, rejuvenation of specific areas such as urban renewal, transit oriented development, industrial areas, Central Business District through new layouts with enhanced infrastructure; (c) accesses, road and street pattern including street furniture for the present and future envisaging the uninterrupted traffic and pedestrian circulation; (d) projection for the future requirements of amenities, services and utilities such as transport, electricity, water, drainage, plantation and landscape, place making, etc.; (e) proposals and stages of the development program by which it is proposed to execute the Local Area plan; (f) appropriate estimate of the cost involved in executing the proposals of the Local Area plan; (g) any other proposals which are necessary for development or redevelopment of the local area. 33B. (1) The Planning Authority or Appointed Authority, as the case Preparation may be, shall delineate the boundaries of local area for which Local Area of Local Area plan. plan is intended to be prepared and decide the objectives of such Local Area plan. The Planning Authority or Appointed Authority, as the case may be, shall by a resolution make declaration of its intention to prepare Local Area plan; and shall publish a notice of such declaration in the Official Gazette, and also in one or more local newspapers, inviting suggestions or objections from the public within a period of one month from the date of publication of the notice in the Official Gazette. The notice shall state the name of the place where a copy of Local Area plan shall be available for inspection by the public. (2) After declaration of such intention, the Planning Authority or Appointed Authority, as the case may be, shall prepare the draft Local Area plan after carrying out necessary surveys and collecting required data and analysis thereof and after consultation with land or property owners and any other persons interested therein and concerned Divisional Joint Director of Town Planning. (3) The Planning Authority or Appointed Authority, as the case may be, shall, not later than six months from the date of notice published under sub-section (1), publish a notice in the Official Gazette, and in such other manner as may be determined by it, that the draft Local Area plan has been4 महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, ऑगस्ट २९, २०२५/भााद्रपद ७, शाके १९४७ prepared and invite suggestions or objections from general public within a period of thirty days from the date of publication of notice in the Official Gazette. The notice shall state the name of the place where a copy thereof shall be available for inspection by the public. (4) The Planning Authority or Appointed Authority, as the case may be, after considering the suggestions and objections received by it, shall submit draft Local Area plan to the State Government, along with a report and list of modifications, if any, proposed therein, for sanction within a period of three months from the date of publication of the notice in the Official Gazette under sub-section (3). Sanction to 33C. (1) The State Government may, not later than three months draft Local from the date of receipt of draft Local Area plan from the Planning Authority Area plan. or Appointed Authority, as the case may be, after consulting the Director of Town Planning by notification in the Official Gazette, sanction the draft Local Area plan submitted to it, either without modifications, or subject to such modifications as it may consider proper, or return the draft Local Area plan to the Planning Authority or Appointed Authority, as the case may be, for modifying the plan as it may direct or refuse to accord sanction and direct the Planning Authority or Appointed Authority, as the case may be, to prepare a fresh Local Area plan: Provided that, if the State Government does not publish its decision by notification in the Official Gazette, regarding sanctioning the draft Local Area plan submitted to it, or any action as contemplated above is not taken within the period specified under this section, such draft Local Area plan shall be deemed to have been sanctioned as submitted to it, and shall come into force on the date immediately following the date of expiry of the period specified under this section. (2) The Local Area plan shall come into force from the date of publication of notification in the Official Gazette under sub-section (1) and shall be called the “Final Local Area plan”. (3) The draft or final Development plan or Regional plan, as the case may be, shall stand modified to the extent of such final Local Area plan. Modification 33D. (1) The Planning Authority or Appointed Authority, as the of final Local case may be, may or when so directed by the State Government or Director Area plan. of Town Planning, at any time after a final Local Area plan has come into operation, shall make any modification in such plan in the manner hereinafter provided if in its opinion such modification is necessary. (2) For the purpose of modifying a final Local Area plan under sub- section (1), the Planning Authority or Appointed Authority, as the case may be, shall publish a notice in the Official Gazette announce its intention to make the modification specified in the notice and invite objections or suggestions from any person with respect to such modification in writing with reasons therefor within such period as may be specified in the notice. The notice shall also be published in at least one newspaper having wide circulation in the area and in such other manner as the Planning Authority or Appointed Authority, as the case may be, may thinks fit in the circumstances of each case and after considering the objections and suggestions in respect of the draft modification, submit the proposed modifications (with amendments, if any) to the State Government forमहाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, ऑगस्ट २९, २०२५/भााद्रपद ७, शाके १९४७ 5 sanction within six months from the date of publication of notice in the Official Gazette. If such proposal of modification is not submitted within the period stipulated above, the proposal of modification shall be deemed to have lapsed: Provided that, such lapsing shall not bar the Planning Authority or Appointed Authority, as the case may be, from making a fresh proposal. (3) The State Government may approve the modification of the final Local Area plan with such amendments, if any, as it may thinks fit, or decide not to accord approval and shall publish a notification in the Official Gazette, stating that the modification of the Local Area plan specified therein has been approved with or without amendment or has not been approved, as the case may be. In case the modification is approved, then such notification shall also state the place where a copy of modification to the Local Area plan may be inspected at all reasonable hours, and shall specify therein a date on which the modification of the plan shall come into operation.”. 7. After CHAPTER III-A of the principal Act, the following CHAPTER Insertion of shall be inserted, namely :— Chapter III-B after Chapter III-A in Mah. XXXVII of 1966. “ CHAPTER III-B Structure Plan Declaration of intention, preparation, submission and sanction to structure plan. 42H. (1) The State Government may, by notification in the Official Declaration Gazette, declare its intention to undertake Structure plan in respect of the of intention area within any Region or any area of the Planning Authority or any area to prepare Structure plan. of the New Town Development Authority or part thereof under this Act, as the case may be, either on its own or through the Planning Authority, New Town Development Authority, any other statutory authority or an agency owned and controlled by the Central Government or the State Government. (2) The State Government shall declare its intention by a notice to prepare a Structure plan; and shall dispatch a copy of such notice with a copy of a plan showing only the boundary of the entire area proposed to be included in the Structure plan to the concerned District Collector or the Planning Authority or New Town Development Authority, as the case may be. (3) The State Government shall also publish a notice of such declaration in the Official Gazette, and also in one or more local newspapers in the prescribed manner. (4) A copy of the aforesaid plan shall be open to the inspection of the public at all reasonable hours at the office of the concerned District Collector or Planning Authority or New Town Development Authority, as the case may be. 42I. The State Government shall, at the time of declaration of Town Planning intention to prepare Structure plan, appoint an officer not below the rank Officer. of the Deputy Director of Town Planning, to be the Town Planning Officer for formulating proposal of a Structure plan of the area within any Region or any Planning Authority or any New Town Development Authority, as the भााग आठ-७८–२6 महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, ऑगस्ट २९, २०२५/भााद्रपद ७, शाके १९४७ case may be, considering the interaction of the area under Structure plan with the outside area through National and State highways, district roads, railways, water-ways, airports, etc., as well as regional and town level geographic features like lakes, rivers and nallahs, hills, forest areas, etc. Contents of 42J. A Structure plan shall generally indicate the manner in which Structure the development of land in the area within any Region or any Planning plan. Authority or any New Town Development Authority, as the case may be, shall be carried out respecting the basic structure of the area. In particular, it shall indicate as well as provide so far as may be, necessary for all or any of the following matters, that is to say,— (a) transport and communications, such as roads, classified roads, railways, water-ways, canals and airports, including their extension and development; (b) the road infrastructure, other than classified roads, to be indicated and provided shall be as below :— (i) in case of Nagar Panchayats and Non-Municipal Towns, minimum road width of 9 metres and above; (ii) in case of ‘B’ and ‘C’ Class Municipal Councils, minimum road width of 12 metres and above; (iii) in case of ‘A’ Class Municipal Councils and ‘D’ Class Municipal Corporation, minimum road width of 15 metres and above; (iv) in case of all other Planning Authorities or any New Town Development Authorities or any Region, minimum road width of 18 metres and above. (c) regional or town level mobility plan containing inter and intra city connectivity; (d) regional or town level amenities such as water supply, drainage, sewerage, sewage disposal, solid waste management or other public utilities and services including electricity and gas; (e) preservation, conservation and development of areas of natural endowment and landscape; (f) regional or town level parks; (g) other regional or town level public amenities as may be approved by the State Government, from time to time. Preparation and 42K. (1) The Town Planning Officer shall not later than six months publication of from the date of publication of notice under section 42H, prepare the notice of draft Structure plan and publish a notice in the Official Gazette, and in such Structure plan. other manner as may be determined by him stating that the Structure plan has been prepared. The notice shall state that objections and suggestions are invited from the public within a period of thirty days from the date of publication of notice in the Official Gazette : Provided that, the State Government may, on an application of the Town Planning Officer, by an order in writing, and for reasons to be recorded, extend the period for preparation and publication of notice of Structure plan by a further period of three months.महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, ऑगस्ट २९, २०२५/भााद्रपद ७, शाके १९४७ 7 (2) The notice shall state the name of the place where a copy of Structure plan shall be available for inspection by the public. The notice shall also state that copies of the maps, charts and a report explaining the provisions of the Structure plan are available for inspection by the public and certified copies thereof, or extracts therefrom, are also available for sale to the public at a reasonable price at the place so named. 42L. (1) Subject to the provisions of this Act, if within the time Objections to allowed under sub-section (1) of section 42K, any person communicates in draft Structure writing to the Town Planning Officer any suggestion or objection relating plan. to the draft Structure plan, the Town Planning Officer shall forward the suggestions or objections received by him alongwith draft Structure plan to the Planning Committee. (2) The Director of Town Planning, Maharashtra State shall appoint the Planning Committee within fifteen days from the date of publication of draft Structure plan in the Official Gazette under section 42K. (3) The Planning Committee shall consist of the following members, namely :— (i) Divisional Joint Director of the Town Planning and Valuation Department; (ii) District Collector or an officer not below the rank of Deputy Collector nominated by him or administrative head of the Planning Authority or an Officer nominated by him in case of Municipal Corporations or both; (iii) persons not exceeding two, having special knowledge or practical experience of matters relating to section 42J. 42M. (1) The Planning Committee shall on receipt of objections and Submission of suggestions from Town Planning Officer, make such enquiry as it may draft Structure plan. consider necessary, and give a reasonable opportunity of being heard to any person including representatives of Departments of the State Government who may have filed any objection or made any suggestions in respect of the draft Structure plan. (2) In case of area within the Planning Authority or New Town Development Authority, as the case may be, the Planning Committee shall, before submitting the draft Structure plan to the State Government, within seven days after the specified thirty days period as mentioned in sub-section (1) of section 42K, forward a copy of all such objections and suggestions to the Planning Authority or New Town Development Authority. (3) The Planning Authority or New Town Development Authority shall forward its remarks on all such objections and suggestions and its say on draft Structure plan to the Planning Committee within a period of one month from the date of receipt of the copies of such objections and suggestions. (4) The Planning Committee shall after considering the same, submit its report and list of such modifications or changes and carry out the same in the draft Structure plan, as it may consider proper, to the State Government for sanction within a period of two months from the date of its appointment or by a further extended period as specified by the Director of Town Planning, Maharashtra State, not exceeding one month. भााग आठ-७८–३8 महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, ऑगस्ट २९, २०२५/भााद्रपद ७, शाके १९४७ (5) The particulars referred to in sub-section (2) of section 42K shall also be submitted to the State Government. Sanction to draft 42N. (1) Subject to the provisions of this section and not later than six Structure plan. months from the date of receipt of draft Structure plan from the Planning Committee, the State Government shall, after consulting the Director of Town Planning, Maharashtra State by notification in the Official Gazette sanction the Structure plan for the whole area or separately for any part thereof, either without modification, or subject to such modifications as it may consider proper: Provided that, the State Government may by notification in the Official Gazette extend the period for sanctioning the draft Structure plan by three months. (2) If the Government does not publish its decision by notification in the Official Gazette, regarding sanctioning the draft Structure plan submitted to it, for the whole area, or separately for any part thereof, either without modification, or subject to such modifications as it may consider proper, within the period specified in sub-section (1) then such draft Structure plan shall be deemed to have been sanctioned as submitted to the Government under section 42M, on the date immediately following the date of expiry of the period specified in sub-section (1). (3) Where the modifications proposed to be made by the State Government or submitted by the Planning Committee under section 42M and proposed to be approved by the State Government, without any further change, are of a substantial nature with respect to the draft Structure plan published under section 42K, the State Government shall publish a notice in the Official Gazette and also in not less than two local newspapers inviting objections and suggestions from any person in respect of the proposed modifications within a period of thirty days, from the date of such notice. (4) In this section, the expression “substantial nature” used in relation to the modification made or proposed to be approved by the State Government in the draft Structure plan means,— (a) any modification to a reserved site resulting in reduction of its area by more than fifty per cent.; (b) insertion of a new road or a new reservation or modification of a reserved site or a proposed road widening resulting in inclusion of any additional land not so affected previously. (5) The State Government may appoint an officer not below the rank of Joint Director of Town Planning and direct him to hear any such person in respect of such objections and suggestions and submit his report thereon to the State Government within six months from the date of publication of notice under sub-section (3). The State Government shall before according sanction to the draft Structure plan take into consideration such objections and suggestions and the report of such Officer. (6) The State Government shall take final decision in consultation with Director of Town Planning, Maharashtra State, regarding modifications of substantial nature within six months from the date of receipt of the report from the Officer appointed under sub-section (5). (7) The State Government shall, in the notification under sub-section (1), fix a date not earlier than one month from its publication on which the final Structure plan shall come into operation.महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, ऑगस्ट २९, २०२५/भााद्रपद ७, शाके १९४७ 9 (8) If a Structure plan contains any proposal for the designation of any land for a purpose specified in section 42J, and if such land does not vest in the Appropriate Authority or Planning Authority, the State Government shall not include that proposal in the Structure plan, unless it is satisfied that the Appropriate Authority or Planning Authority shall be able to acquire such land by private agreement or compulsory acquisition not later than twenty years from the date on which the Structure plan comes into operation, subject to the provisions of this Act, be binding on the Appropriate Authority or Planning Authority. 42O. Where any land has not been acquired within a period of twenty Obligation years from the date on which final Structure plan comes into force, any owner to acquire reserved lands. of the land may, by notice in writing served on the Planning Authority, the Development Authority or, as the case may be, the Appropriate Authority, require it to acquire his interest therein; and thereupon, the provision 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.”. 8. In section 59 of the principal Act, in sub-section (2), for the words Amendment of “suitable amendment of the Development plan” the words “suitable amendment section 59 of Mah. XXXVII of the final Development plan or Regional plan” shall be substituted. of 1966. 9. After section 60 of the principal Act, the following section shall be Insertion of new inserted, namely :— section after section 60 in Mah. XXXVII of 1966. “60A. Every Planning Authority shall, at the time of declaration of Town Planning intention to prepare town planning scheme, appoint a person possessing Officer for scheme. such qualifications as may be prescribed, to be the Town Planning Officer for carrying out necessary surveys and analysis of the area under the draft town planning scheme, prepare reconstituted plots, redistribution of such reconstituted plots, determine original plot value, semi-final value and final value, determine the compensation and incremental contribution, cost of scheme and any other thing required to be done in preparation of draft scheme including assisting the Director of Town Planning, Arbitrator and Tribunal of Appeal.”. 10. In section 61 of the principal Act, for sub-section (2), the following Amendment of sub-section shall be substituted, namely :— section 61 of Mah. XXXVII of 1966. “(2) If the Planning Authority fails to make a draft scheme and publish a notice regarding its making within the period specified in sub-section (1) or within the period extended under sub-section (3), any work remaining to be done upto the stage of submission of the draft scheme under section 67 shall be completed by the concerned Divisional Joint Director of Town Planning and Valuation Department or an officer nominated by him not below the rank of an Assistant Director of Town Planning, as the case may be. The said Officer shall exercise all the powers and perform all the duties of a Planning Authority which may be necessary for the purpose of preparing a draft scheme and submitting it to the State Government for sanction: भााग आठ-७८–३अ10 महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, ऑगस्ट २९, २०२५/भााद्रपद ७, शाके १९४७ Provided that, the said Officer shall exercise all the power and perform all the duties of the Planning Authority within such period as may be specified by an order by the Director of Town Planning, having regard to the stage of preparation of draft scheme but not exceeding original period stipulated under the relevant section.”. Amendment of 11. In section 64 of the principal Act, in clause (g-1), in the proviso, in section 64 of paragraph (I), after the words “under the scheme” the words “and the part of it Mah. XXXVII may also be utilized to set-off incremental contribution payable by the owners of 1966. included in the scheme” shall be inserted. Amendment of 12. In section 68 of the principal Act, in sub-section (2), the following section 68 of proviso shall be added, namely :— Mah. XXXVII “Provided that, the State Government may, by notification in the of 1966. Official Gazette, extend, from time to time, the period for sanctioning the draft scheme or refusing to accord sanction thereto, by such further period not exceeding three months in aggregate.”. Amendment of 13. In section 68A of the principal Act, after sub-section (3), the following section 68A of sub-section shall be added, namely:- Mah. XXXVII “(4) If certain modifications in final Development plan or final of 1966. Regional plan are contained in the sanctioned draft scheme then the final Development plan or final Regional plan shall be deemed to be modified to the extent of such modifications.”. Amendment of 14. In section 70 of the principal Act, in sub-section (1), after the words section 70 of “the State Government may” the words “or suo-moto,” shall be inserted. Mah. XXXVII of 1966. Amendment of 15. In section 71 of the principal Act, in sub-section (1), for the words, section 71 of brackets, letters and figure “clause (xviii) of sub-section (3)” the words, brackets Mah. XXXVII and figure “sub-section (7)” shall be substituted. of 1966. Amendment of 16. In section 72 of the principal Act, in sub-section (7),— section 72 of Mah. XXXVII of 1966. (i) in the proviso, in clause (a), after the words “in the draft scheme” the words, figure and letter “except the land already vested in the Appropriate Authority as per section 68A” shall be added; (ii) after clause (a), the following clause shall be inserted, namely :— “(a-1) he may rectify such errors or omissions which are not of substantial nature;”; (iii) in the Explanation, for the words “two lakhs rupees”, the words “two crore rupees” shall be substituted. Amendment of 17. In section 75 of the principal Act, for sub-sections (1), (2), (3) and (4), section 75 of the following sub-sections shall be substituted, namely :— Mah. XXXVII of “(1) The State Government may, if it thinks fit, constitute one or more 1966. Tribunal of Appeal for single scheme or multiple schemes, as the case may be, which shall consist of a President and two Assessors. (2) The President shall,— (a) in Brihan Mumbai, be the Principal Judge of the Bombay City Civil Court or any person who has held the post of the Principal Judge of Bombay City Civil Court or such other Judge of the said Court as may be appointed by the State Government on the recommendation of the Principal Judge or any person who has held the post of the Director of Town Planning of the Government of Maharashtra; andमहाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, ऑगस्ट २९, २०२५/भााद्रपद ७, शाके १९४७ 11 (b) elsewhere, be the District Judge or the Civil Judge Senior Division or any person who has held the post of District Judge or Civil Judge Senior Division, as may be appointed by the State Government on the recommendation of the District Judge or any person who has held the post not below the rank of Joint Director of Town Planning of the State Government or any person who has held the post not below the rank of Joint Secretary of Law and Judiciary Department of the State of Maharashtra. (3) The Government shall appoint fit and proper person as Assessor, who shall as far possible have knowledge, or experience of town planning, valuation of land or civil engineering and who shall have such eligibility as may be prescribed. (4) The President and the Assessor shall be appointed members of the Tribunal of Appeal for such period as may be required by such Tribunal to decide an appeal made against the decision under clauses (i), (ii), (iv), (v) and clauses (vii) to (xiii) (both inclusive) of sub-section (6) of section 72.”. 18. In section 79 of the principal Act, in sub-section (1), for the words, Amendment of brackets, letters and figure “clauses (iv) to (xi) (both inclusive) and clauses section 79 of Mah. XXXVII of (xiv), (xv) and (xvi) only of sub-section (3)”, the words, brackets, letters and 1966. figure “clauses (i), (ii), (iv), (v) and clauses (vii) to (xiii) (both inclusive) of sub- section (6)” shall be substituted. 19. In section 82 of the principal Act,— Amendment of section 82 of (i) in sub-section (1), for the words, brackets, letters and figure Mah. XXXVII of “ clauses (iv) to (xi) and clauses (xiv), (xv) and (xvi) of sub-section (3) ”, the 1966. words, brackets, letters and figure “ clauses (i), (ii), (iv), (v) and clauses (vii) to (xiii) of sub-section (6) ” shall be substituted ; (ii) in sub-section (2), for the words, brackets, letters and figure “ under clause (xviii) of sub-section (3) ” the words, brackets and figure “ under sub-section (7) ” shall be substituted. 20. In section 86 of the principal Act, to sub-section (1), the following Amendment of provisos shall be added, namely :— section 86 of Mah. XXXVII of “ Provided that, the period specified in clauses (a) and (b) may be 1966. extended by the State Government, by notification in the Official Gazette, for a further period of two months in case of preliminary scheme and three months in case of final scheme: Provided further that, if the State Government does not publish its decision by notification in the Official Gazette, regarding sanctioning the preliminary scheme or final scheme submitted to it, either without modification, or subject to such modifications as it may consider proper, or refuse to give sanction to such preliminary scheme, or final scheme, as the case may be, then such scheme shall be deemed to have been sanctioned as submitted to the Government on the date immediately following the date of expiry of the period under this section: Provided also that, in case of schemes pending for sanction of the State Government on the date of commencement of the Maharashtra Regional Mah. XLIV and Town Planning (Amendment) Act, 2025, the Government may within of 2025. six months sanction such scheme and if, the Government has failed to do so or refuse to give sanction to the same within such period, the scheme shall be deemed to have been sanctioned by the State Government.”.12 महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, ऑगस्ट २९, २०२५/भााद्रपद ७, शाके १९४७ Amendment of 21. In section 87 of the principal Act,— section 87 of Mah. XXXVII of (i) in sub-section (1), for the portion beginning with the words “If at any 1966. time” and ending with the words “should be withdrawn, the Arbitrator”, the following shall be substituted, namely :— “If at any time before the draft scheme is sanctioned by the State Government, a representation is made to the Planning Authority by majority of the owners in the area that the scheme should be withdrawn, the Planning Authority,”; (ii) in sub-section (2), for the word “scheme” the words “draft scheme” shall be substituted. Substitution 22. For section 91 of the principal Act, the following shall be substituted, of section 91 of namely :— Mah. XXXVII of 1966. Power to vary “91.(1) If after the final scheme has come into force, the Planning scheme on Authority considers that the scheme is defective on account of an ground of error, error, irregularity or informality or that the scheme needs variation or irregularity or modification of a minor nature, the Planning Authority may, by notification informality. in the Official Gazette, prepare 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. (2) The notice of preparation of draft variation published under sub-section (1) 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), (ii) and (ii-a) to (ii-h) of clause (b) of sub-section (1) of section 59, the draft variation shall also contain such other particulars as may be prescribed. (3) The draft variation shall be open to the inspection of the public at the office of the Planning Authority during office hours and copies of such draft variation or any extract therefrom certified to be correct shall be made available for sale to the public at a reasonable price. (4) Any person affected by draft variation may communicate, in writing, within one month from the date of publication of the notice regarding preparation of draft variation, his objections to such variation, to the Planning Authority and the Planning Authority shall submit the said variation along with the report on such suggestions or objections with the copies of it to the Government within a further period of one month. (5) After receiving the suggestions or objections and the report of Planning Authority under sub-section (4), the State Government may, after consulting the Director of Town Planning 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; or (b) sanction the variation with or without modifications; or (c) refuse to sanction the variation.महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, ऑगस्ट २९, २०२५/भााद्रपद ७, शाके १९४७ 13 (6) 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.”. 23. In section 99 of the principal Act,— Amendment of section 99 of (a) in sub-section (1), after the words “plot by the Arbitrator” the Mah. XXXVII following shall be substituted, namely :— of 1966. “and from part of the proceeds from the sale of land referred to in para (D) of sub-clause (ii) of clause (g-1) of section 64”. 24. In section 103 of the principal Act, in sub-section (2), after the words, Amendment of brackets and letter “specified in clause (b)” the words, brackets, letter and figure section 103 of Mah. XXXVII of “and clause (g-1)” shall be inserted. 1966. 25. For section 110 of the principal Act, the following section shall be Substitution of substituted, namely :— section 110 of Mah. XXXVII of 1966. “110. After completing and meeting all the costs of a scheme as Disposal provided in this Act, if any amount from the sums paid to the Planning of surplus amount. Authority under this Act remains as surplus, the Planning Authority shall, with the prior approval of Joint Director of Town Planning of concerned division and in consultation with the owners of the plots, spend such surplus amount,— (a) for providing further amenities within the area of the scheme; or (b) for making and providing basic infrastructure in any other town planning scheme within its jurisdiction.”. 26. In section 111 of the principal Act, in sub-section (1), for the words, Amendment of brackets, letters and figure “clause (xvii) of sub-section (3)” the words, brackets, section 111 of Mah. XXXVII of letters and figure “clause (iv) of sub-section (4)” shall be substituted. 1966. 27. In section 112 of the principal Act, for the words “twenty rupees” the Amendment of words “five thousand rupees” shall be substituted. section 112 of Mah. XXXVII of 1966. 28. In section 124E of the principal Act, in sub-section (3), for the words Amendment of “at the rate of eighteen per cent.” the words “at the rate of twelve per cent.” section 124E of Mah. XXXVII of shall be substituted. 1966. 29. In section 124F of the principal Act, in sub-section (2), after the Amendment of words “charitable institution” the words “or housing projects undertaken for section 124F of economically weaker section or for lower income group under the “Pradhan Mah. XXXVII of 1966. Mantri Awas Yojana” or development of any land or building on final plot of town planning scheme” shall be added. 30. In section 124I of the principal Act, for the words “at the rate of Amendment of eighteen per cent.” the words “at the rate of twelve per cent.” shall be substituted. section 124I of Mah. XXXVII of 1966. 31. In section 125 of the principal Act, after the words “Regional plan,” Amendment of the words “Structure plan” shall be inserted. section 125 of Mah. XXXVII of 1966.14 महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, ऑगस्ट २९, २०२५/भााद्रपद ७, शाके १९४७ Amendment of 32. In section 126 of the principal Act, in sub-section (1), after the words section 126 of “Regional plan,” the words “Structure plan” shall be inserted. Mah. XXXVII of 1966. Amendment of 33. In section 158 of the principal Act, in sub-section (2), for clause (xxv), section 158 of the following clause shall be substituted, namely :— Mah. XXXVII of 1966. “(xxv) under section 72, the qualifications of a person to be appointed as Arbitrator; the procedure to be followed by an Arbitrator, the manner in which he shall give notices and the form in which arbitrator shall draw the final town planning scheme;”. Power to 34. (1) If any difficulty arises in giving effect to the provisions of the remove principal Act, as amended by this Act, the State Government may, by order difficulties. published in the Official Gazette, give such direction, not inconsistent with the provisions of the principal Act, as may appear to it to be necessary or expedient for the purpose of removing the difficulty : Provided that, no such order shall be made after the expiry of the period of two years from the date of commencement of this Act. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature. ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.

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