B.
CONTROL OF DEVELOPMENT
(Sections 43 to 52)
Ss. 43 to 52of the Act contain important provisions relatingto control Write a short note on:
Development.
of development and use of land included in Development Plans. M.U. Nov, 2011
S. 43 of the Act deals with restrictions on development of land. It
Write a short note on:
provides that, after the date on which the declaration of intention to Authorised development.
prepare a Development Plan or a notification specifying any undeveloped M.U. April 2011
area as a notified area or any area designated as asite for anew town is Nov. 2015
published in the Official Gazette, no person can institute or change the
What is development
use of any land or carry out any development of land without the written under the MRTP Act?
permission of the Planning Authority. M.U. Apr. 2013
Any person who commences, undertakes or carries out such
development without a written permission (as above) or not in ccordance
wtn such written permission or modified
Or arter such permission is revoked, is
permission (as the case may be)
punishable with imprisonment for
32 LAND LAWS
a minimum term of one month and a maximum term of three
with a minimum fine of 2,000 and a maximum fine of years and
case of a continuing offence, afurther fine of 5,000.
200 per day can be In the
for every day during whichthe offence continues after
conviction. levied
However, no such permission is necessaryinthe [S. 52)
namely, - following nine cases,
Explain "authorised (a) for carrying out maintenance,
building, not being a heritage improvement
development" under the or other alteration ofs
MRTP Act, 1966.
M.U. Nov, 2015
building or heritage precinct, which
affects only the interior of the building and does not materially affert
Nov. 2019 the external appearance thereof;
Analyse "authorised (b) for carrying out any work in
development'. compliance with any order or direction
of any authority under any law
M.U. Apr. 2010
in force;
(c) for carrying out any work by
any authority in exercise of its
"AII the types of under any law in force; powers
development do not
require permission of the (d) for carrying out, by the
Development Authority
Central or the State Government or any local
in Maharashtra." Explain. authority,
M.U. Apr. 2012 of any work required for the
maintenance or improvement of a
highway, road or public street;
of any work for the purpose of
inspecting, repairing or renewing
any drains, sewers, mains, pipes,
cables, telephone or other
apparatus, including the breaking open
land for that of any street or other
(e) for
purpose;
excavations made in the ordinary course of
operations, including wells; agriculturdl
() for the construction of a road
for agricultural purposes; intended to give access to land Soey
(8) for normal use of Iand
which has been used temporarily Tor ou
purposes;
(n) in case of land which is
occasionally used for anynormnally used for one purpose
other purpose - for the use of land
()
occasionally for that other purpose; and
for use, for any purpose incidental to the use of a buildingfor human
Analyse sectlons 44 and
habitation, of any other building or land
attached to such a
building
45 of the MRTP Act.
Procedure for application for
M.U. Oct. 2009 Ss, 44 and 45 of the Actpermission
deal with how applications for permission
Nov. 2016
are to be made
and the grant or refusal of such permission.
MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 33
THE
Any person desiring to carry out any development as above must
makee an application in writing in the prescribed form and containing the
prescribed particulars to the Planning Authority, which may, by an order
in writing
unconditionally:
(a) grant the permission
or
permission subject to such conditions as it mayimpose
(b) granttthe
withthe previous approval of the State Government:
or
permission.
(c) refuse to grant the
When permission is granted - with or without conditions - the same
prescribed
is to granted by way of a Commencement Certificate in the
the
form, If such permission is refused or is granted subject to conditions,
order must state the ground for the refusal or for imposing the conditions,
as the case may be. When considering any application, the Planning
Authority must have due regard to the provisions of any draft or final plan
the Act.
or proposed plan, submitted or sanctioned under
An applicant who is aggrieved by an order under clause (b) or clause
(c) above, may prefer an appeal, within a period offorty days, to the State
Government, which may, after giving a reasonable opportunity of being
heard to the applicant and the Planning Authority, either dismiss the appeal
or allow the appeal by granting permission unconditionally or subject to
modified conditions. [S. 47]
S. 45 of the Act has added a salutary provision in favour of the
applicant. It lays down that if the Planning Authority does not communicate
Its decision within sixty days, the permission is deemed to have been
granted immediately on the expiry of the said period. This period of sixty
days is to be calculated from the date of receipt of the application or the
ddte of the applicant's reply to any reguisition made by the Planning
Authority, whichever is later.
e above concept of "deemed sanction" cannot, however, be
invoked in cases where the Planning Authority itself could not have given
its
permission under the Act. Thus, the Bombay High Court has heldthat
before there can be a presumption of deemed permission, it must be
shown that the Municipal Council had authority to grant the permission.
When there is no such
can arise. authority, no presumption of deemed permission
When a matter is not within the jurisdiction of the Municipal
34 LAND LAWS
its jurisdiction, by taking
Council, it cannot be considered to be within
v. State of Maharashtra.
advantage of S. 45 of the Act. Vithal Devkhar
2001 (3) MU156)
in a later case where it was held that if
The same viewwas reiterated
the Planning Authority could not
the construction is of such a nature that
of the Act, the permission cannot
have sanctioned it under the provisions
be deemed to have been granted
under S. 45 of the Act. The concept of
plan which is submitted is
"deemed sanction' can apply only when the
not considered within the
perfectly in accordance with law, and yet, it is (5)
Maharashtra, 2007
said period of sixty days. (Ghanshyam v. State of
All MR385)
As observed by the Bombay High Court, it is mandatory for any person
intending to carry out development on any land, to apply for permission
in the prescribed fornm. Therefore, if any application is not made in the
prescribed form, the applicant cannot take advantage of the deeming
provision of S. 45 of the Act, and carry out the development, claiming
that he could do so, as there was no communication from the Planning
Authority within sixty days. (GTL Infrastructure Ltd. v. Dhule Municipal
Corp, 2012 (1) All MR 705)
Every such permission remains in force for a period of one year after
it is granted or deemed to have been granted (as above), after which the
permission lapses. However, the Planning Authority may extend the
permission by one more year at atime. Such extended period cannot,
however, exceed a period of three years in anycase. S. 48]
It is further provided that if, after the
grant of the
development is not completed upto the plinth level (or, permission,
in
the
cases where
there is no plinth, upto the upper level of the
case may be), within the said period of one basement or stilt, as the
period (referred to above), the permission year or within the extended
obliged to make an application for a fresh lapses, and the applicant is
permission. [S. 48]
Power torevoke or modify
permission
If, after having regard to the
preparation), it appears to the Planning Development Plan prepared (or under
already granted or deemed to have beenAuthority that the permission
should be revoked or modified, it may, by granted, as the case may be,
permission to such extent as appears to it to beorder, revoke or modity the
doing so, the concerned person must be necessary. However, before
heard in the matter. [S. given an opportunity of being
51]
