1[40. Special Planning Authority for developing certain 2[notified areas].- (1) The State Government may, by notification in the Official Gazette 3* * * for any undeveloped area specified in the notification in this Act referred to as the notified area either-
(a) 4[constitute an authority consisting of] a Chairman, a Vice-Chairman, a member of the Maharashtra Legislative Assembly representing the notified area, one member representing the municipal area, if any, included in the notified area, the Deputy Director of Town Planning, and the Executive Engineer, Public Health Works Division, each having jurisdiction over the notified area, and an officer not below the rank of an Assistant Collector; or
5[(aa) appoint the Authority constituted under the Maharashtra Housing and Area Development Act, 1976(Mah. XXVIII of 1977), or]
(b) appoint any Development Authority declared under sub-section (3A) of section 113, 6[or
(c) appoint the Bombay Metropolitan Region Development Authority establish under the Bombay Metropolitan Region Development Authority Act, 1974 (Mah. IV of 1975), to be the Special Planning Authority for developing the notified area.]
7[(1A) Notwithstanding anything contained in sub-section (1), any area where Chapter VI of the Maharashtra Industrial Development Act, 1961 (Mah. III of 1962) (hereinafter, in this section, referred to as "the said Act"), applies, or any other area comprising Government land handed over to the Maharashtra Industrial Development Corporation established under section 3 of the said Act, shall be deemed to be "the notified area"; and the Maharashtra Industrial Development Corporation shall be the Special Planning Authority in respect of such notified area, and shall be deemed to have been appointed as such under this section for the purposes of this Act :
Provided that, at any time, as provided in the first proviso to sub-section (3) of section 1 of the said Act, where the State Government by notification in the Official Gazette, directs that the said Chapter VI shall cease to be in force in that area or any part thereof, from the date specified in such notification, then from such date, the said area or part thereof, as the case may be, shall cease to be the notified area and the Maharashtra Industrial Development Corporation shall cease to be the Special Planning Authority for the purposes of this Act for such area or part thereof :
Provided further that, the provisions of clauses (e) and (f) of sub-section (3) or of sections 116, 117, 126, 127 and Chapter VIII shall not be applicable to such Special Planning Authority.]
8[(1B) Notwithstanding anything contained in sub-section (1), the State Government may, by notification in the Official Gazette, appoint any agency or authority created by or in accordance with Government order or instrument, or any company or corporation established by or under any State or Central law, to be the Special Planning Authority for any notified area.]
(2) The Chairman and Vice-Chairman of the Special Planning Authority constituted under clause (a) of sub-section (1) shall be appointed by the State Government ; but if any municipal area forms part of any notified area, then the President of the Municipal Council of such municipal area shall be the Vice-Chairman. The Officer not below the rank of an Assistant Collector shall be the Secretary and Chief Executive Officer.
(3) 9[The] provisions of Chapter VI of this Act shall, subject to the provisions of this section and section 41, apply mutatis mutandis to the Special Planning Authority as they apply in relation to a Development Authority, as if the notified area were a new town subject to the following modification, namely :-
(a) in section 113-
(i) in sub-section (6), after the words "Regional Board" the words and figure "with the modification that section 8 shall not apply in relation to notified area" shall be added ;
(ii) to sub-section (8), the following proviso shall be added, namely :-
"Provided that, it shall not be necessary for a Special Planning Authority to make any development plan or town planning scheme for any notified area for the purpose of carrying out its objects under this Act. It may submit its proposals for the development of the land in the notified area (being land either vesting in it or land which has been acquired or is proposed to be acquired under section 116) as provided in section 115." ;
(b) section 113A shall be omitted ;
(c) in section 114,-
(1) in sub-section (1),-
(i) the words, figures and letter "subject to the provisions of section 113A" shall be omitted ;
(ii) in the proviso, for the words, brackets and figures "constituted under sub-section (2) of section 113" the words,", unless empowered by the State Government so to do," shall be substituted ;
(2) in sub-section (2), in the proviso, in clause (a), for the portion beginning with the word "constituted" and ending with the words "such Authority", the following shall be substituted, namely :-
"and if both the Chairman and Vice-Chairman are not available, with such officer or officers as may be authorised by such Authority.";
(d) for section 115, the following shall be substituted, namely :-
"115. Planning and control in notified area.- 10[(1)] A Special Planning Authority shall, from time to time, submit to the State Government its proposals for the development of land (being land either belonging to, or vesting in, it or acquired or proposed to be acquired under section 116), and the State Government may, after consultation with the Director of Town Planning, approve such proposals either with or without modification.
11[(2) Before submitting the proposals to the State Government, the Special Planning Authority shall carry out a survey and prepare an existing land-use map of the area, and prepare and publish the draft proposals for the lands within its jurisdiction together with a notice in the Official Gazette and local newspapers in such manner as the Special Planning Authority may determine, inviting objections and suggestions from the public within a period of not more than 30 days from the date of notice in the Official Gazette. The Special Planning Authority may, if it thinks fit, give individual notices to persons affected by the draft proposals.
(3) The Special Planning Authority may after duly considering the objections or suggestions, received by it, if any, and after giving an opportunity, to persons affected by such draft proposals of being heard modify its proposals, if necessary, and then submit them to the State Government for its approval. The orders of the State Government approving such proposals shall be published in the Official Gazette.]";
(e) for section 116, the following shall be substituted, namely :-
"116. Power of Special Planning Authority to acquire land in notified area.- Every Special Planning Authority shall have all the powers of a Planning Authority under this Act as provided in Chapter VII for the purposes of acquisition of such land in the notified area as it considers to be necessary for the purpose of development in that area either by agreement or 12[under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013], or any land adjacent to such area which is required for the development of the notified area and land whether adjacent to that area or not which is required for provision for services or amenities for the purposes of the notified area".;
(f) for section 117, the following shall be substituted, namely :-
"117. Obligation to purchase land in notified area.- Where any land has not been acquired within a period of ten years from the date of a notification under sub-section (1) of section 40, any owner of the land may, by notice in writing served on the Special Planning 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.";
(g) in section 122, in sub-section (1), the words, brackets and figures "constituted under sub-section (2) of section 113" shall be omitted.
(4) In preparing and submittting its proposals for developing any land under section 115 and in approving them under that section, the Special Planning Authority and the State Government shall take particular care to take into consideration the provisions of any draft or final Regional Plan, draft or final development plan; or any draft or final town planning scheme, or any building bye-laws or regulations, which may already be in force in the notified area or in any part thereof.
(5) Where any proposals for development of any land are approved by the State Government under section 115, the provisions of the proposals approved by the State Government shall be final, and shall prevail, and be deemed to be in force, in such notified area; and to that extent the provisions of any such plan or scheme applicable to and in force in the notified area or any part thereof shall stand modified by the proposals approved by the State Government.]
(a) 4[constitute an authority consisting of] a Chairman, a Vice-Chairman, a member of the Maharashtra Legislative Assembly representing the notified area, one member representing the municipal area, if any, included in the notified area, the Deputy Director of Town Planning, and the Executive Engineer, Public Health Works Division, each having jurisdiction over the notified area, and an officer not below the rank of an Assistant Collector; or
5[(aa) appoint the Authority constituted under the Maharashtra Housing and Area Development Act, 1976(Mah. XXVIII of 1977), or]
(b) appoint any Development Authority declared under sub-section (3A) of section 113, 6[or
(c) appoint the Bombay Metropolitan Region Development Authority establish under the Bombay Metropolitan Region Development Authority Act, 1974 (Mah. IV of 1975), to be the Special Planning Authority for developing the notified area.]
7[(1A) Notwithstanding anything contained in sub-section (1), any area where Chapter VI of the Maharashtra Industrial Development Act, 1961 (Mah. III of 1962) (hereinafter, in this section, referred to as "the said Act"), applies, or any other area comprising Government land handed over to the Maharashtra Industrial Development Corporation established under section 3 of the said Act, shall be deemed to be "the notified area"; and the Maharashtra Industrial Development Corporation shall be the Special Planning Authority in respect of such notified area, and shall be deemed to have been appointed as such under this section for the purposes of this Act :
Provided that, at any time, as provided in the first proviso to sub-section (3) of section 1 of the said Act, where the State Government by notification in the Official Gazette, directs that the said Chapter VI shall cease to be in force in that area or any part thereof, from the date specified in such notification, then from such date, the said area or part thereof, as the case may be, shall cease to be the notified area and the Maharashtra Industrial Development Corporation shall cease to be the Special Planning Authority for the purposes of this Act for such area or part thereof :
Provided further that, the provisions of clauses (e) and (f) of sub-section (3) or of sections 116, 117, 126, 127 and Chapter VIII shall not be applicable to such Special Planning Authority.]
8[(1B) Notwithstanding anything contained in sub-section (1), the State Government may, by notification in the Official Gazette, appoint any agency or authority created by or in accordance with Government order or instrument, or any company or corporation established by or under any State or Central law, to be the Special Planning Authority for any notified area.]
(2) The Chairman and Vice-Chairman of the Special Planning Authority constituted under clause (a) of sub-section (1) shall be appointed by the State Government ; but if any municipal area forms part of any notified area, then the President of the Municipal Council of such municipal area shall be the Vice-Chairman. The Officer not below the rank of an Assistant Collector shall be the Secretary and Chief Executive Officer.
(3) 9[The] provisions of Chapter VI of this Act shall, subject to the provisions of this section and section 41, apply mutatis mutandis to the Special Planning Authority as they apply in relation to a Development Authority, as if the notified area were a new town subject to the following modification, namely :-
(a) in section 113-
(i) in sub-section (6), after the words "Regional Board" the words and figure "with the modification that section 8 shall not apply in relation to notified area" shall be added ;
(ii) to sub-section (8), the following proviso shall be added, namely :-
"Provided that, it shall not be necessary for a Special Planning Authority to make any development plan or town planning scheme for any notified area for the purpose of carrying out its objects under this Act. It may submit its proposals for the development of the land in the notified area (being land either vesting in it or land which has been acquired or is proposed to be acquired under section 116) as provided in section 115." ;
(b) section 113A shall be omitted ;
(c) in section 114,-
(1) in sub-section (1),-
(i) the words, figures and letter "subject to the provisions of section 113A" shall be omitted ;
(ii) in the proviso, for the words, brackets and figures "constituted under sub-section (2) of section 113" the words,", unless empowered by the State Government so to do," shall be substituted ;
(2) in sub-section (2), in the proviso, in clause (a), for the portion beginning with the word "constituted" and ending with the words "such Authority", the following shall be substituted, namely :-
"and if both the Chairman and Vice-Chairman are not available, with such officer or officers as may be authorised by such Authority.";
(d) for section 115, the following shall be substituted, namely :-
"115. Planning and control in notified area.- 10[(1)] A Special Planning Authority shall, from time to time, submit to the State Government its proposals for the development of land (being land either belonging to, or vesting in, it or acquired or proposed to be acquired under section 116), and the State Government may, after consultation with the Director of Town Planning, approve such proposals either with or without modification.
11[(2) Before submitting the proposals to the State Government, the Special Planning Authority shall carry out a survey and prepare an existing land-use map of the area, and prepare and publish the draft proposals for the lands within its jurisdiction together with a notice in the Official Gazette and local newspapers in such manner as the Special Planning Authority may determine, inviting objections and suggestions from the public within a period of not more than 30 days from the date of notice in the Official Gazette. The Special Planning Authority may, if it thinks fit, give individual notices to persons affected by the draft proposals.
(3) The Special Planning Authority may after duly considering the objections or suggestions, received by it, if any, and after giving an opportunity, to persons affected by such draft proposals of being heard modify its proposals, if necessary, and then submit them to the State Government for its approval. The orders of the State Government approving such proposals shall be published in the Official Gazette.]";
(e) for section 116, the following shall be substituted, namely :-
"116. Power of Special Planning Authority to acquire land in notified area.- Every Special Planning Authority shall have all the powers of a Planning Authority under this Act as provided in Chapter VII for the purposes of acquisition of such land in the notified area as it considers to be necessary for the purpose of development in that area either by agreement or 12[under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013], or any land adjacent to such area which is required for the development of the notified area and land whether adjacent to that area or not which is required for provision for services or amenities for the purposes of the notified area".;
(f) for section 117, the following shall be substituted, namely :-
"117. Obligation to purchase land in notified area.- Where any land has not been acquired within a period of ten years from the date of a notification under sub-section (1) of section 40, any owner of the land may, by notice in writing served on the Special Planning 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.";
(g) in section 122, in sub-section (1), the words, brackets and figures "constituted under sub-section (2) of section 113" shall be omitted.
(4) In preparing and submittting its proposals for developing any land under section 115 and in approving them under that section, the Special Planning Authority and the State Government shall take particular care to take into consideration the provisions of any draft or final Regional Plan, draft or final development plan; or any draft or final town planning scheme, or any building bye-laws or regulations, which may already be in force in the notified area or in any part thereof.
(5) Where any proposals for development of any land are approved by the State Government under section 115, the provisions of the proposals approved by the State Government shall be final, and shall prevail, and be deemed to be in force, in such notified area; and to that extent the provisions of any such plan or scheme applicable to and in force in the notified area or any part thereof shall stand modified by the proposals approved by the State Government.]
1. Section 40 was substituted by Mah. 30 of 1972, s. 4.
2. These words were substituted for the words "undeveloped areas" by Mah. 10 of 1994, s. 4(c).
3. The word "constitute" was deleted by Mah. 11 of 1973, s. 3(a).
4. These words were substituted for the words "an authority consisting of" by Mah. 11 of 1973, s. 3(b).
5. This clause (aa) was inserted by Mah. 28 of 1977, s. 191(b)/.
6. The word "or" and clause (c) were inserted by Mah. 4 of 1975, s. Sch. II.
7. Sub-section (1A) was inserted by Mah. 10 of 1994, s. 4(a).
8. Sub-section (1B) was inserted by Mah. 24 of 2002, s. 2.
9. This word was substituted for the words "On the reconstitution of the Special Planning Authority the", by Mah. 10 of 1994, s. 4(b).
10. Section 115 was renumbered as sub-section (1) thereof and sub-sections (2) and (3) were added by Mah. 22 of 1973, s. 2.
11. Section 115 was renumbered as sub-section (1) thereof and sub-sections (2) and (3) were added by Mah. 22 of 1973, s. 2.
12. These words and figures were substituted for the words and figures "under the Land Acquision Act, 1894 (I of 1894)" by Mah. 42 of 2015, s. 2, w.e.f. 29th August 2015.