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Section 97: Repeal and saving

The' Maharashtra Town Planning Schemes Rules, 1974State Rules of Maharashtra · 1966

(1) The Bombay Town Planning Rules, 1955, in so far as they relate to the town planning schemes, are hereby repealed except as respects things done or omitted lo be done.;

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(1) sojn1 228 ] T W 3 0 4 d it 738 ‘Mahagashira: Régicnal and Town Planning Act, 1966 4O TOKM 2 L (See rules 6 (vii) and 21 (2)) Coel ad = Finance of Town Planning Schemé’ i O e TR AL o AR i Estimated -expenses of works included in {he scheme under seclion 59 (0).

Other expenses :— Expenses shown in the redistribulion and valuation statement (total of column 11 of Form 1).

Cost of preparation and publication of the drafl scheme e L _under seztions-60.(2)_and 61 (1), 61 (2) or 63 (2).

Cofpensation under section 102 5 Legal expenses under section 97 (1) (c). .

Compensation under sections Cost of demarcation, salaries or rcmuneration of Arbilrator and Tribunal of Appeal and their stafi and other expenses under section 81(2).

(a) Total expenses © Total of increments (column 12 of Form [) ..

Proportion of increment to be charged under section 99.

............... pér cent.

v (b) Total of the contribution under section 99 Net cost of scheme t¢ Planning Authority (a)-(b) 5 oo of thet ( '] ;"/9‘\ *Name of Planning Authority oy L : " 0y Maharashira Regional and Town Planning Acl, 1966 ?39 * FORM 3 (See pule 1) Hptite .............. sloesineeneriavisisenesseosnseesesens. Planming Authority.

COMMENCEMENT CERTIFICATE Permission is hereby « granléd under seclion 59 of the Maharashtra Regional and Town Planning Act, 1966 (Mal.- XXXVII of 1966).

] Planning Authority.

“Name of person.

Description of work of development. - ~+9. This Certificate shall remain valid for a period of one year from (he aate of issue.

3. This certificate is subject to the conditoin that tie owner obtains the permission of - - {he Collector of the District under section 44 of the Mzharashira Land Revenue Code, 1966, if necgssary.

4 .40 Maharashira Regional and Town Planning Acl, 1966 K FORM 4 [See rule 13(3)] Special Notice e Municipal Council Municipal Corporatxon tion, Urban Developmenl, Public Health and HHousing Department No. ......

............................ dated isesssssamsssassssansssisssis pUDIGNEG in the Maharashira Governmen! Gazelle, Parl-1, Dwisional Supp‘mmn( dated o1 al pages ......... AT erody ' has been sanctioned under Government Notfica- You are further informed that in the making of the above scheme, your on the Pian, 27, allered nd i its place W = which accompanies llie scheme) is proposed tq be s oe AMC P ) is prog & Tnaltered. and will be \ — = original-plot(which is numbered final plot has been allotled to you T Ifi.i{d’ifi“&&d? possession as the final plof on the plan, subject {o proof of your titie lo the originai plol.

The areas of the original and final plots with their values ana amauals of compensation payable lo you or contribulion to e paid by you as pioposed by the Planning Authority, are given hereunder. All these val.aes are estimated as af the date of declaration of intention to prepare the scheme, and are as follows, namely :-— Value

(1) Origisal plol: S. No. ... Without Wilh

0. 3 Struclure Structure @ - N *Original V'alue [, Reirerenroree [P R— (L 1) P—

(2) Finaipicl: No.

Lrea ...

7Semi-fi fna!

Valle Per .o J [ExI— (Y2) woen §Firal value (x3) (v3) per 13) Compe vsation und 166 gue i your (Y1)—(V2) Contribation under scetion 100 due from you; (Y2)— (Vi) RS. woeeee

(4) Increment uncer scction 38 : 5 (X3)—(X2)

(5) Increment cordribution under scelion 99 at RS. cossenssssafersonsussanee PLE ML oenbrse Rs. (6) Nel payable - Note riginal value means (he value of (ie ial plot without reference 1o 4 inzprovement conteniplated in the scheme [Clause {f) =i sub-seclion (/) of section 97 TServ _final value means the vaiue of the final plot without reference to any maprovenicats contemplated in the scheme, other thon improvemcats Jue to alteration of its boundaries i.e. value of the final plot as a resull of improvemeat in its shape [Clause (f) of sub-section

(l) of section 97].

I value means the value of lhe final plot with reference lo the improvement lhe scheme has bec comptedzd conlcmplalcd in the scheme on the assumption thai (section 98).

Plez sancli under necess The will

19...

_when agen revie be 2 I mac use my the ey AP [ thi 4 Maharashtra Regional and Town Planning Acl, 1966 41 Please nole (hat the above proposals ‘are niade in lhe draft scheme sanclionced by the State Government. whicl: may be varied by the Atbirrator, under the proviso {o sub-seclion (3) of seclion 72, if he considers it lecessary.

The final plot or plots as propo,ed to be alloled in the draft s will be demarcated on the site and shown to you on the ..

194 svssmssesoraziss . between the hours of ~when you shoulu be present on lie sile i persen or represented by yr)ur agent to make any proposals or representation you may have as lo the revision or alleration of the 1>0unddry ol the final plot or plots proposed to e allotted to you.

%I YU have any objeclion or proposals to make in respect of any proposal made’in Ue draft scheme in regard to the boundary and area of the plot, use of land, building regu]ahon or in any other part of the scheme as also any value, increment, contribulion or compensation shown in this noticc or in any other plot or matter in which you are interested within the arca of ~lhe scheme, you in person or your duly authorised representative, shosid : “ appear before me at lhie oftige-of-the-Arbilralor/......... .o With the o reqmslte documents, any plarifs or certified copies thereof extracts from——— — the Preperty Register Card or Reccrd of Rights on the ........ - - 1m.

o 19 al. sared and be pre;

p.m.

te give evidence in support of your objeclion or proposals. In case you -desire o file writfen slatements, in this matter, ....... ... copies of the same should be submitted {o the Arbilrator, for hi cration and decision.

In case you desire lo claim compensation under sullon 102 of the At on the ground that your property/or right has been injurisously affccled by the making oi ihe said Town l’ldrmmn Scheme, you are hereby called upon lo submit fo tie undersigned the amount and particulars of such a claim for compensation for injurious affection within sixly days from ‘he receipt of this notice to enable the undersigned to delermine the same as required under clause (xvi) of sub-seclion (3) of section 72 of ilic Manarashtra Regional and Town Planning Act, 1966.

Any person interesied in any land or matter included within the above draft scheme is advised to see the copy of the scheme and plans which are available for inspection at the office of the Planning Authority ur at lhe.

office of the Arbitrator during office hours.

Kr 4, Arbitralor Address of the Arbitrator.

42 Manarashira Regional and Town Planning Act, 1966 FORM § [See rule 13 {9)] MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 (MAH. XXXVII OF 1966) Serial No. .

Town Planning Scheme, No.

Extract from the finai scheme as published by (he Arbitrator, a nolice of which daled the: wessisssssmsmmssvamessisnss 19, has appeared on pages of Parl II of the Maharashira Government Gazelle, .is hereby communicated {o the reputed owner Shri/Smt. . N Value

(1) Original plot : Without wip ¥l Structure Structure Rs. Rs.

“Osiginal Value per sisi(K0) diseiine V1)

(2) Final plot :

1Semi-final value per (X2) . (Y2) {Final value per ., B (X3)-..

_ (3) Compersation under scction 100 diie toyou: “(YIJ —(Y2), Conlribulion uader section 106 due from you; (Y2)—(V1) Rs.

(4) dacrement under seclion 98 (X3)—(X2) Rs.

(8) Increment at contribulion under seetion 99 at ...

per eeni ...

(65 Sddition to,(+ J ‘or deduction from (—) contribulion £ !

to be made under ofher sections.

ARBITRATOR.

- can c Note—(1) Ascopy of the final scheme mt]udmg the plans as 25 drawn up by the Arbilralor will be opened for inspection al tne office of the Arbilrator and the head office of lh» Planning Authority. . during oflice hours on week days.

Note~(2) Sechous 73 and 74 of the Maharashtra Fegional and Towa Plonning Acl - 1966 are reproduced hereunder for information.

Sectisn 73.—Except in mallers arising out of clauses (iv) io (xi) bolli itclusive, and clauses gxiv), (xv) and (xvi) of sub-section {3) ci section 72, every decision of the Arbitrator shall be final and conclusive and, building on all parlies including the Planning Auth Secliny 74.—(1) Any decisions of the Arbitrator under clauses () to (xu, Soth indla- @ (.

sive amd clauses (xiv), (xv) and (xvi) of sub-scction (3) of sub-seclion 72 shall be forthwith ssmmunicated to (he party concerned including the Planning Authority; ?nd any q .

party agerieved by such decision may, within two munths from the date of comnufiication x of {iie decision, apply to the Arbilralor to make a referenice to the Tribunal of Appeal lor : 4 decisiap of the aypeal

(2) e provisions of seclions 5, 12 and 14 of {he Indian Limitation Act, 1963 shall apoly & appeals submilled under this seclion.

Note—(3) *Original value means the value of the original plot without reference lo any i impromment contemplated in the scheme (Clause (f) of sub-section (/) of section 97). ,‘ \ Seifinal value means the value of the final plot without reference to any improvements i goulmfilcd in the scheme, other than unprovemunk due lo alteration «i ils boundarics, i ¢., vifre of the final plot as a result of improvements in ils snape [Clamc (f) of sun- j sectiog {1} of section 97).

tFinst value means {he value of the final piot wilir reference !5 the mprovemet .

cortenpfated in {he scheme on the assumption that the scheme has oeen completed (scction 98). .

" Maharasitra Regionai and Town Planning Acl, 1966 ] FORM 6 (See ruie 16) Notice under sub-section (3) of section 83 of the Maharashtra Regional and Town Plannng Act, 1966 TOWN PLANNING SCHEME ....c..cooeirvinnnns 1 TR —— WHEREAS, the Draft Town Planning Scheme .....cocovveeens NO. ceeveinn .................. a$ submitted by the .c.ovevevvriven. Muuietpal Coundil Municipal Corporatiori o J#has bgen sanctioned under Government Notification, Urban Development ' Public Health and Housing Department, No. .................... dated .

................ published in the Maharashtra Government Gazette, Part 1, dated %!he ST BY PAGE Ssssassias amaromsen aviss omiaws] ) - s Municipal Council . A WHERE il c A aving AND WHERLEAS, the ......, Muricipal-Corporation —AYInE:

thought it necessary, in the public interested to undertake forthwith (he work * ik wyea : (Hereinaffier referred to as the said wo}k), as included ’ in the said dralt Town Planning Scheme, has applied fo the Stale Govenment under sub-section (). ol section 83 of ihe Maharashira Regioial and Town Town Planning Acl, 1966 (hereinaiter referred (o as {he said Act), through the Arbitrator Lo vesl in it the lands required as more specifically described below ;

AND WHEREAS, the State Government having been salisiied that it is urgently necessary in the public interest to empower the funicipal Council Municipal Corporalion to enter on the land for the purpose of execu?mg the said work, have directed the undersigned under Government Nolificalion, Urban Development, Public Health and Housing Department, No. wuruu.sover SN~ N ——— , dated -.., which has been published in the Maharashtra Government Gazelle .... Division supplement, - , datel o srmnmssiumsninisi s ai at page (s) No. ... - to take E) (,. pussession, of such lands under sub-section (2) of section 83 of the said Act, E i . f NOTICE is hereby given {o you'under sub-scction (3) of section 83 of K the said'Act to hand over possession of the below mentioned lands to ine undersigned or to the person authorised by the undersigned, on 19 Tl s SR B nesine a.m./p. m. i i Under section 85 of the said Act yon are entitled to interest at the rate i ol 4 per cent, per annum on the amounl of compensation payabie to you } under the said Act in respect of the said lands from the date on which i the possession is taken till the dale on which amount of compen:ation is ] i ¥ s ¥ = . Municipa 1 id to you by the sald-iunmpd] Solifct ~Muicnipal Corporation 4 Muharashira Regional and Town Planning Aci. 1966 p) okl s Please nole thiat if the possession is not delivered on the date speciicy above, the undersigned shall take possession of the lands and shall hand ove- Municipal Council.

the land to the said - s e Y | |, igned i sed Municipal Corporation the undersigaed i oppo c or impeded in taking possession of the lands under section 83, the delivery of possession of the land shall be secured hrough the Commisstoner of Police/District Magistrate as provided for in section 84 of the Act.

Description of the land :— Frand-owt=0f-S.JCT:S:; Nossmmvmessscossnisamvszssines Shown as O.P.No... admeasuring about ........... Lgfian Acres/heclares/square metres required for lhe purpose of as demarcaled on site.

B b ~ Town Pianning Scheme, .........

Daled ..ooooiiiiiiiinniiieens Toh sevimesmnssmmmn gy Address: sxsssasivizassvmmssnmasisaermspmeres - Maharashira Regional und Town Planning Act, 1966 43 . FORM 7 (See rule 26 (3)] _ MAHARASHTRA REGIONAL AND TOWN PLANNING ACT,- 1966 “Cerlificate of Temure and Title Town Planning Scheme ..o NG, s sactioned under Government Notification, Urban Development, Public Tealth and Housing Department, No L daled the v and publié’h;ci at pagfi ..................... of the Mu'tarashira Governmentl Gazedls, (&Pivisicn Supplement, daled ........ T ).

O Heclares or sq. melres @‘ ' " TFinal Ploi No. ..... s LOATED ] " 6’{\ Reputed-owner———=-——————— R ¢ 2 LR8O T vivesivesensioennsiess S - Sepeis, - T QESEBE i 530, ST SR PSR 305550 e o Period of lease SKETCH OF FINAL PLOT No. cooviiiiiis (Here enter lhe sketch) ° . Boundaries.—Bounded on the Nortih by ..o St

1. Tenure.—Qccupant Class 1, Occupant Class 11 or Governmenl lessez or fiam or any other .as the case may be (This will be the same as the tenure..or ~ the tentres of the original plot or original piols . in lieu of which the final plot or final plots are allowed).

) (i there are difierent tenures for different portions ol the whole plot these will be shown sep=ralely on fnc * plaf divided by athick chain line).

Title.— (Here describe the nature of the owner’s tille as iound oy the Arbilrator or Special Officer appointed under section 71 of the said Act).

Rights.— (1T the owner of the plot has any special 1iphts trarsferred to his linal plot from the original plots or any new rights given to him-under the scheme, there may be entered here). C o e S A R S R R S AR 46~ — Meharashlia Regional and Town Planning Act, 1966 Disabitilies.— (Rights of any other owner or person over this [fibf such as mortgage or eascments, etc,, may be enler> | here). .

Note.—(1) The above plol shall be held subject to all the r2:trictions ard’ regulations specified in the above fown Flanniug Scheme, and as regards assessment subject fo the provisions of the Maharashira Land Revenue Code, 1966 (Mah.

XLI of 1966) and of the rules and orders from time to time issued thereunder.

\ ), No person shall inslitute or change the use ol the above plot or building thereon or carry out development jn tie above plot, except with the necessary perinission i tie form of Commencement Certificate from thc [Planning Authority having jurisdiction over (he area af (he time and in "accordance with the provision of the said scheme.

period of, guarantee shown on-the certificate. The Collecto:'s endorsement shall declare that nou-agricultural 1isessment is, except in the case of inam iand, liable 10 revision should the land be appropriated fo any nonagricultural use under section 67 of the Maharashtra Land ' Revenue Code, 1966 (Mah. XLI of 1366).

(4) Any other special regulation in respect of the above plot 11, This certificale is granted under rule 26 of the Maharashira Town Planning Schemes Rults, 1974, as prima facie proof of the tenure and title of the owner above named, and shall be valid unless declared otherwise by a decree of a civil court within the period of limitation. from the date heteof (section 71), by and under the hand and sea! of the Direclor of Town Pldnnmg, Maharashtra State, Poona/. thus .

hundered ‘and ...

Director of Town Planning, Maharashlra State, Poona.

No[z-—I igure of a circle with word “seal” printed inside at lhe end ol Foums 3, 1“3‘11:

6 inserted by G.N. of 4-12-1976. 1 “The holder-of this_certilicate may apply to lkc Collector lo - have the amount. and nature il lhe assessinent-and_the 23

Where this provision sits

ActThe' Maharashtra Town Planning Schemes Rules, 1974
Section97
Marginal noteRepeal and saving
JurisdictionState of Maharashtra
StatusIn force as published by the source

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