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Maharashtra Regional Planning Overview

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251 views32 pages

Maharashtra Regional Planning Overview

Uploaded by

PHOTOPHILE FOCUS
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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Regional Planning

For MPSC Exam

1
Syllabus
• Regional Plan.
• Need of contents of Regional Plan.
• Regional Delimitation.
• Surveys necessary for Regional Plan.
• Analysis and Projections.
• Necessary Steps for starting and ending the process of Regional Planning.
• Relation with the State plan and surroundings.

2
The Maharashtra Regional and Town Planning Act, 1966 - Objects
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 public purposes in respect of the plans; and for purposes connected with
the matters aforesaid.

3
Chapter No. Chapter Name
CHAPTER - I PRELIMINARY. (Sec 1 to 2)
CHAPTER - II PROVISIONS RELATING TO REGIONAL PLANS
(Sec 3 to 20)
CHAPTER - III DEVELOPMENT PLAN (Sec 21 to 42)
CHAPTER - III –A AREA DEVELOPMENT AUTHORITY (Sec 42 A to 42G)
CHAPTER - IV CONTROL OF DEVELOPMENT AND USE OF LAND
INCLUDED IN DEVELOPMENT PLANS. (Sec 43 to 58)
CHAPTER - V TOWN PLANNING SCHEMES. (Sec 59 to 112)
CHAPTER - VI NEW TOWNS (Sec 113 to 124)
CHAPTER - VI-A LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT
CHARGE. (Sec 124A to 124 L )
CHAPTER - VII LAND ACQUISITION. (Sec 125 to 129)
CHAPTER-VIII FINANCE, ACCOUNT AND AUDIT (Sec 130 to 134)
CHAPTER - IX SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS.
(Sec 135 to 165)
4
Hierarchy of Planning
➢ The concept of Planning (Physical) in India is started before independence.
(Bombay Town Planning Act, 1915)
➢ The Maharashtra Regional and Town Planning Act, 1966 envisages "three tier “
planning hierarchy.
Regional Plan Area

Development Plan
Area

Town Planning
Scheme Area

5
➢ Regional plan : Is a " broad level " policy document (plan) to be prepared for the
balanced development of the region.
➢ Development Plan : Is a " micro level " development plan to be prepared for the
planned development of the areas in Urban local bodies constituted under Maharashtra
Municipal Corporation Act 1949 and Maharashtra Municipal council and Nagar
Panchayat Act, 1965.
➢ Town Planning Scheme : Is a Local area or neighborhood level plan (scheme) for the
area out of Development Plan or Regional Plan, to be prepared for implementation of
development plan proposals or development of the area.
➢ Therefore Planning hierarchy is from "whole to part ".

6
What is Region ?
• Section 3 - (1) Subject to the provisions of this section, the State Government may, by
notification in the Official Gazette, establish any area in the State, by defining its
limits, to be a Region for the purposes of this Act, and may name and alter the name of
any such Region. In any case, where any Region is renamed, then all references in any
law or instrument or other document to the Region shall be deemed to be a reference
to the Region as renamed.
• (2) The State Government may, by notification in the Official Gazette,—
(a) alter the limits of a Region, so as to include therein or to exclude therefrom, such
area as may be specified in the notification; or
(b) amalgamate two or more Regions so as to form one Region; or
(c) split up any Region into two or more Regions; or
(d) declare that the whole or part of the area comprising a Region shall cease to be a
Region or part thereof.
7
• (3) A plan showing the boundaries of the Region as established under this section
shall be available for inspection at the office of the Collector and the Mamlatdar or
Tahsildar concerned, and on the constitution of the Regional Board therefor, also at
the office of the Board.

• A region is an area possessing some geographical, economic or social unity which


makes its sufficiently self contained to form a satisfactory planning unit. In most of
the cases District is defined as a region. However, it can be split up into two or more
regions.

8
• Types of Regions : There can be many types of regions based on general
development problems which can be classified in following broad categories.
• Metropolitan Region : The regions which are experiencing problems of
urbanisation and industrialisation (eg. MMR Region)
• Tourist Region : eg. Aurangabad regional plan.
• Coastal Region : eg. Ratnagiri regional plan.
• Eco-sensitive Region : eg. Mahabaleshwar Pachgani region, Matheran Region.
• Agro Based Region : eg. Jalna, Amaravati, Akola region, Jalgaon Region
• Specific problem area region : eg. Draught prone area, Coal belt area (Chandrapur,
Ballarpur Region)

9
Concept of Regional Planning
• Regional planning is an accepted method for perspective planning for large area.
• Region is a unit where socio economic disparities will be seen at close context.
• It provides a linkages between rural and urban areas on various aspects.
• It can be capable of providing economic stability

Objects of Regional Planning


• Optimum utilization of resources in the region.
• Economic Growth of the region.
• Improved pattern of human settlement and Industrial locations.
• The balancing of population and migration within employment opportunities.
• Promotion of social progress and joining of social development with economic

development.
10
Provisions Related to Regional Plan
• Chapter II of the Act deals with the provisions of regional plan
• Sect. 3 - Establishment of region
• Sect. 4 - Constitution of R. P. board
• Sect. 8 - Powers & duties of board
• Sect. 13 - Survey of Region & Preparation of R.P.
• Sect. 10 - Regional planning committee formation
• Sect. 14 - Contents of R.P.
• Sect. 15 - Submission & Approval of R.P. to Govt.
• Sect. 16 - Procedure to be followed in preparing &
Publication regional plan
• Sect. 17 - Publication of final sanctioned regional plan &
date of its operation
• Sect. 18 - Restriction on change of use of land
• Sect. 20 - Revision or modification to Regional Plan
11
Procedure for Preparation of Regional Plan
• Establishment of region :
• Sec. 4 - Constitution of Regional planning board : The regional planning board is to
be constituted by the state Govt. u/s 4. The constitution of this board is as follows.
i. Chairman - Appointed by the State Government.
ii. Vice – chairman – To be appointed by the Government amongst other members.
iii. Director of Town planning (or a person nominated by him).
iv. Members of Local authorities functioning in the region. (not more than 4)
v. Persons having special knowledge or practical experience related to town
planning, transport, agriculture, industry to be appointed by the State Government.
(not more than 10)
vi. Town planning officer - Secretary of regional planning board. (Not below the
rank of Assistant Director of town Planning)
vii. Public representatives from the two houses of the state legislature.
(not more than 4)
• Total max 21 persons including chairman.
12
• If any Region includes any area which in the opinion of the State Government is
important from the military or defence point of view, the members appointed for their
special knowledge or practical experience shall include a person suggested by the
Government of India in that behalf.
• The Town Planning Officer shall be the Secretary to the Regional Board.
• (1A) Notwithstanding anything contained in sub-section (1), the provisions of that
sub-section shall not be applicable to the Metropolitan area as defined in clause (c)
of section 2 of the Maharashtra Metropolitan Planning Committees (Constitution
and Functions) Act, 1999.
• As per rules – Tenure of the members on the board - 2 years, Extension – 4 years (12
months at a time)

13
Sec. 8 - Powers and Duties of Board
Subject to the provisions of this Act and the rules and regulations made thereunder, it
shall be the duty of a Regional Board—
(a) to carry out a survey of the Region, and prepare reports on the surveys so carried
out;
(b) to prepare an existing-land-use map, and such other maps as may be necessary for
the purpose of preparing a Regional plan;
(c) to prepare a Regional plan;
(d) to perform any other duties or functions as are supplemental, incidental or
consequential to any of the foregoing duties, or as may be prescribed by regulations.

14
Sec 13 – Survey of Region and Preparation of Regional Plan.
Subject to the provisions of this Act and the rules and regulations made thereunder, a
Regional Board shall, with a view to securing planned development and use of land in
a Region, carry out a survey thereof, prepare an existing-land-use map thereof, and
other maps as are necessary for the purpose of preparing the Regional plan, and
shall, within such period or periods as the State Government may from time to time
determine in this behalf, prepare a report of the surveys, prepare the Regional plan
and such other documents, maps and information as the Regional Board may deem fit
for illustrating or explaining the provisions of the Regional plan.

15
Surveys of Regions :
• As per Rule 5 of the Regional Planning board Rules 1967, regional planning board
shall have to carry out different types of surveys before preparation of Regional plan.
• Board shall publish a notice in manner mentioned in Sec 137 regarding its survey and
preparation of existing land use map.
• Such surveys may be divided in following three broad categories.
• Physical Characteristics.
• Economic Characteristics.
• Social Characteristics.
• On the basis of these surveys, an existing Land Use Map of the region has to be
prepared. ( Scale - not smaller than 10 cm : 25 Kilometers) (1: 2,50,000)
• Time Limit – 12 months from the constitution of board. Extension 30 months.
(each time six months )
16
• Also formulate clear picture of the region, its problems Such as -
• Existing settlement pattern / population distribution.
• Existing industrial growth & employment pattern.
• Existing Transportation network.
• Existing status of Public Amenities.
• Tourist interest places.
• Ecological problems.
• Population Projection : Considering the population growth of last five decades in
the region and considering various population projection methods. The projected
population for the horizon year is work out (normally for 20 years period)
• On the basis of this projected population planning proposals are to be shown
which are broadly described below.

17
Contents of Regional Plan :
Section 14 of the Maharashtra Regional And Town Planning Act, 1966 indicates the
contents of Regional Plan. (for all or any of the matters) The broad contents are as
under.
(a) allocation of land for different uses, general distribution and general locations of
land, and the extent to which the land may be used as residential, industrial,
agricultural, or as forest, or for mineral exploitation
(b) reservation of areas for open spaces, gardens, recreation, zoological gardens, nature
reserves, animal sanctuaries, dairies and health resorts ;
(c) transport and communications, such as roads, highways, railways, waterways,
canals and airports, including their development ;
(d) water supply, drainage, sewerage, sewage disposal and other public utilities,
amenities and services including electricity and gas ;
18
(e) reservation of sites for new towns, industrial estates and any other large scale
development or project which is required to be undertaken for proper development
of the Region or new town ;
(f) preservation, conservation and development of areas of natural scenery, forest,
wild life, natural resources, and land-scaping ;
(g) preservation of objects, features, structures or places of historical, natural,
architectural or scientific interest and educational value ;
(h) areas required for military and defense purposes ;
(i) prevention of erosion, provision for afforestation, or reforestation, improvement
and redevelopment of water front areas, rivers and lakes ;

19
(j) proposals for irrigation, water supply and hydro-electric works, flood control and
prevention of river pollution ;
(k) providing for the relocation of population or industry from over- populated and
industrially congested areas, and indicating the density or population or the
concentration of industry to be allowed in any areas.
(l) Provisions for permission to be granted for controlling and regulating the use and
development of land within the jurisdiction of a local authority or the Collector,
as the case may be, including imposition of fees, charges and premium, at such
rate as may be fixed by the State Government or the Planning Authority, from
time to time

20
Publication of Draft Regional Plan : ( Section 16)
• Regional planning board has to publish draft Regional Plan for calling objections /
suggestions from public, as per the manners mentioned in section 16 which includes
following broad particulars. (Notice to be published in Government Gazette and one
local newspaper in two successive weeks.)
• The report on existing land use map and surveys carried out.
• Maps, Charts and reports explaining draft regional plan.
• Set of Development Control and Promotion Regulations.
• Recommendations to the State Government.
• Index map to the scale not less than 10 centimeters : 50 kilometers (1:5,00,000)
and other maps 10 centimeters : 25 kilometers (1:2,50,000)
• The period for inviting objections / suggestions shall not be earlier than four months
from the date of publication of notice.
21
Time limit :
As per Rule No. 2 of Maharashtra Regional & Town Planning Rules 1967,
• Original Time limit for publication of Draft Regional Plan – 12 months from the
original date of preparation of Existing Land Use – extension of 30 months.

• Sec. 10 – Consultation or association with experts R.P. Committee.


(1) Can consult with experts
(2) Experts can not take part in meeting.
(3) The objections / suggestions received shall be heard by regional planning committee
consisting of town planning officer and two other members of Regional Planning
Board. The Committee shall submit report o Regional Planning Board.
• After considering the report of the regional planning committee and after making
such modifications if necessary the regional planning board, shall submit the
regional plan to State Government for approval u/s 16 (4).
22
• Sec 15 – Submission of Regional Plan to State Government for Approval
(1) Every Regional plan shall be submitted to the State Government together with all
connected documents, maps and plans for approval. The State Government may,
within the prescribed period, by notification in the Official Gazette, either
approve the Regional plan without modification for the whole Region, or any part
thereof, or with such modifications as it may consider necessary, or reject the
plan with a direction to the Regional Board to prepare a fresh plan according to
such direction.
(2) The State Government may, pending approval of the entire Regional plan, by a
like notification approve separately any proposals or part of the Regional plan;
and any proposals or part so approved shall, on approval of the entire Regional
plan, form part of the entire plan so approved.

23
Publication of approved Regional Plan and date of coming in force
• Notification in Government Gazette and in one or more newspaper.
• Time limit or approval - 60 months, Extension 60 months (at a time 24 months)
• Date of coming into force not earlier than 60 days from Notification.
• Will be called as final Regional Plan.
Sec 18 - Publication on change of user of land and development
(1) No person shall, on or after the publication of the notice that the draft Regional plan
has been prepared or the draft Regional plan has been approved, institute or change
the use of any land for any purpose other than agriculture or carry out any
development in respect of any land without the previous permission,–
(i) in case the land is situated in the limits of Municipal Corporation or a
Municipal Council, or a Nagar Panchayat or a Special Planning Authority or
any other planning authority, of such Municipal Corporation or Municipal
Council, Nagar Panchayat or Special Planning Authority or other planning
Authority, as the case may be, or 24
(ii) in case the land is situated in the gaothan, within the meaning of clause (10) of
section 2 of the Maharashtra Land Revenue Code, 1966, of the village
panchayat concerned, or
(iii) in case the land is situated in areas other than those mentioned in clauses (i)
and (ii) above, of the Collector of the District:
Provided that, the Collector may delegate his powers under this clause to an
officer not below the rank of Tahsildar.
Explanation.—For the removal of doubt, it is hereby declared that, no such permission
of the Collector shall be required in the gaothan area of a revenue village within the
meaning of clause (10) of section 2 of the Maharashtra Land Revenue Code, 1966.]

25
(2) Notwithstanding anything contained in any other law for the time being in force,
the Village panchayat or, as the case may be, the Collector, in considering
application for permission shall have due regard to the provisions of any draft
or Regional plan or proposal published by means of a notice under this Act.
(2A) (i) The provisions of sections 52, 53, 54, 55, 56, 57 and 58 shall apply
mutatis mutandis to the unauthorized development carried out in the area
of Regional plan, as they apply to the unauthorized development carried
out in the area of a Planning Authority ; and
(ii) the Collector shall be authority Competent to take action in respect of
such unauthorized development.

26
2 B - Notwithstanding anything contained in this Act or any other law for the time
being in force, the State Government may, upon a request made by the Collector,
specify the terms and conditions on compliance of which and the compounding
charges ,infrastructure charges and premium on payment which the Collector may
declare an unauthorized structure to be a compounded structure :
Provided that, on declaration of an unauthorized structure as compounded
structure, the proceedings under any law for the time being in force against such
structure initiated by the Collector shall stand abated, and if such proceedings are yet
to be initiated, no proceedings shall be maintainable :
Provided further that, no further construction shall be permissible in any
compounded structure, other than repairs and maintenance, and any redevelopment
or reconstruction of such structure shall be only as per the provisions of the
prevailing Development Control Regulations.
18 (3) Application for Integrated Township Project.
• Application to State Government.
• The Government by notification declare as ITP reject application. 27
Sec 20 – Revision or Modification of Regional Plan.
(1) If the State Government at any time after a Regional plan has come into
operation, but not earlier than ten years therefrom is of the opinion that revision
of such Regional plan is necessary and there is no Regional Board for the Region
to which plan relates, to undertake such revision, the State Government may
constitute a Regional Planning Board under section 4, or a Regional Board may,
with the previous approval of the State Government, also revise the Regional
plan; and thereupon, the foregoing provisions of this Chapter shall, so far as they
can be made applicable, apply to the revision of the Regional plan as those
provisions apply in relation to the preparation, publication of notice and approval
of a Regional plan.

28
(2) Notwithstanding anything contained in sub-section (1), the State Government may, at any time
after a Regional Plan has come into operation, make any modification in such plan in the
manner hereinafter provided if in its opinion such modification is necessary for the
development of the Region for which such plan has been prepared and approved.
(3) The State Government shall publish a notice in the Official Gazette announcing 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 Region and in such other manner as the State Government may
think fit in the circumstances of each case

29
(4) After considering the objections and suggestions in respect of the draft modification
under sub-section (2), the State Government may approve the modification of the
Regional plan with such amendments, if any, as it may think fit, or decide not to
accord approval and shall publish a notification in the Official Gazette, stating that
the modification of the Regional 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 Regional 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.

30
Some More Take Aways
• Regional Plan prepared for rural areas of all districts in Maharashtra.
• Some Districts having more than one Regional Plan.
• Satara – Mahableshwar Pachgani Eco-Sensitive Regional Plan, Remaining
District area Regional Plan.
• Raigad – Matheran Eco-Sensitive Regional Plan, Raigad Regional Plan,
Mumbai Metropolitan Region Regional Plan, Thane-Palghar-Raigad
Regional Plan.

31
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