CourtMesh

Section 124B: Classification of user of lands and buildings, rates of development charge and procedure for levy thereof.

The Maharashtra Regional and Town Planning Act, 1966.State Act of Maharashtra · Act 37 of 1966

(1) (a) For the purposes of assessing the development charge, the user of land and building shall be classified under the following categories, namely :-

(i) Industrial ;

(ii) Commercial;

(iii) Residential;

(iv) Institutional.

(b) In classifying the user of land and building under any of the categories mentioned in clause (a), the predominant purpose for which such land and building is used shall be the basis for such classification.

[(2) On and from the date of commencement of the Maharashtra Ragional and Town Planning (Amendment) Act, 2010 (Mah. XXXIV of 2010) ,development charge shall be levied and collected by the Authority at the rates specified in column (4) of the Second Schedule; and the Authority may, subject to the other provisions of this Chapter, enhance, from time to time, the rate specified in column (4) of the Second Schedule and levy the development charge at such enhanced rate :

Provided that, the Authority may, subject to the other provisions of this Chapter, reduce, from time to time, the enhanced rate and levy development charge at such reduced rate, so however that in no case the rate shall be reduced below the rate specified in column (4) of the Second Schedule.]

[(2-1A) In respect of the area under the jurisdiction of any Planning Authority or a New Town Development Authority under this Act, where State Government declares its intention to undertake one or more Vital Urban Transport Projects, the development charges levied and collected under the provisions of sub-section (2) shall be increased by one hundred per cent.

Explanation.- For the purpose of this section, the term "Vital Urban Transport Project" means a project related to Mass Rapid Transport System such as Metro Rail, Mono Rail Bus Rapid Transport System and includes Freeway, Sealink, etc., in respect of which the State Government has by notification in the Official Gazette, declared the intention to undertake such project either on its own behalf or through the Planning Authority, a New Town Development Authority, any other statutory authority, an agency owned and controlled by the Central Government or State Government, or a Government company incorporated under the provisions of the Companies Act, 2013 (18 of 2013) or any other law relating to companies for the time being in force.]

[(2A) Notwithstanding anything contained in sub-section (1), when the Maharashtra Industrial Development Corporation is the Special Planning Authority deemed to have been appointed as such under sub-section (1A) of section 40, for a notified area under its jurisdiction as provided in the said sub-section (1A), it shall be lawful for such Planning Authority to levy within such notified area, the development charges at such rate which may be lower than the * * rates specified by or under the provisions of this Chapter, as it may fix, from time to time.]

(3) The Authority, before enhancing or reducing the rate and levying the development charge at such rate shall observe the following preliminary procedure, namely :-

(a) the Authority shall, by a resolution passed at a special meeting, approve the regulations prescribing the rates of the development charge proposed to be levied by it ;

(b) when such a resolution is passed, the Authority shall take further action to obtain the previous sanction of the State Government to the regulations.

Where this provision sits

ActThe Maharashtra Regional and Town Planning Act, 1966.
Section124B
Marginal noteClassification of user of lands and buildings, rates of development charge and procedure for levy thereof.
JurisdictionState of Maharashtra
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Mah. 34 of 2010. Sub-section (2) was substituted by Mah. 34 of 2010, s. 2.
  • inserted, Mah. 37 of 2015. This sub-section was inserted by Mah. 37 of 2015, s. 2.
  • inserted, Mah. 10 of 1994. Sub-section (2A) was inserted by Mah. 10 of 1994, s. 11. Section 12 of Mah. 10 of 1994 reads as under :- "12. Removal of doubt- For the removal of doubt it is hereby declared that, sub-section (2) of section 124A of the principal Act, having been retrospectively amended, that sub-section (2) as it existed before the commencement of the Maharashtra Regional and Town Planning (Amendment) Act, 1993(…
  • omitted, Mah. 34 of 2010. The word "minimum" was deleted by Mah. 34 of 2010, s. 2.

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Maharashtra Regional and Town Planning Act, 1966. is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.