Review of State Act

BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

Guided by
Dr. Vidya Ghuge

SAJAL SAKET
MT20UPL023
MTech – Urban Planning
S.NO CATEGORIES BIHAR MAHARSHTRA

1. Provision of State Planning Bihar Urban Planning and Development No provision for State Level Planning
board Board Committee or Board or Authority.

Functions Of State Planning ▪ To guide, direct and assist the Planning Not Applicable
2.
Board Authority
▪ Advise on the delineation of the Planning
Area(s) and direct the preparation of
Development Plan
▪ Undertake, assist and advise on the
coordination of planning and
implementation of physical development
programmes
Direct the preparations of one or more
Regional Development Plan, Regional
Transportation Plans, Town Development
Plans
▪ Direct the preparations of one or more
regional natural resources and environmental
Conservation Plans
 Metropolitan Developme The act doesn’t have provision for constituting the No provision, however a separate act makes ma
nt/Planning Authority/Co Metropolitan Planning Authority or Committee, how ndatory to constitute Mumbai Metropolitan Re
3. mmittee ever it defines the function of MPC to prepare Devel gional Development Authority under Bombay M
opment Plan for Metropolitan Area etropolitan Region Development Authority Act,
1974

State on advice of board may declare or withdraw the Criteria for delineation of planning area is not
Planning area
regions or areas, including a metropolitan area or area described
4. for development of new towns in the state to be a
planning.

State to constitute the Planning Authority and it shall be •Regional Planning Board ƒ
Planning Authorities known by such name as the Government may • Special Planning Authority
5.
•ƒNew Town Development

Planning Authority shall carry out such functions and ex

Function and powers of ercise such powers as may be prescribed by the Rules •Regional Planning Board to: ƒ
Planning Authority carry out a survey of the region, and prepare
Planning Authority may carry out or cause to be carried reports on the surveys so carried out ƒ
out surveys of its Planning Area and to
prepare report or reports of such surveys •prepare an existing‐landuse map for the purp
6. ƒ ose of preparing a Regional Plan; ƒ
ƒ
Every planning authority will prepare a present Land Us prepare a Regional plan Special Planning Auth
e Map and a Land Use Register. ority to: ƒ
ƒ
Planning Authority to prepare a Development Plan after •carry out a survey and prepare an existing lan
declaration of Planning Area duse map of the area, and prepare and publis
h the draft proposals for the lands.
7. Preparation of plans • Development Plan • Regional Plans

• Metropolitan area Development plan • Development Plan

• ƒPreparation of Development Plan for

additional area
8. Scope/Objectives/Contents of Scope and Contents of Development Plan are Contents of Regional Plan and Development Plan
Plans illustrated. are elaborated.
9. Affirmation with 74th No provision for constituting DPC and MPC. Howeve No provision for DPC and MPC.
Amendment Act r it elaborates some functions of MPC
10. Provision For Regional Planning The Act doesn’t have specific provision for Regional • The Act has provision for Regional Planning B
Development Plans, however it defines basic scope oard and elaborates its function with respect
of Development Plans which also include Regional to regional development
Plans.
11. The planning authority may invite area Developmen
t Schemes from developers. An Area Development Authority may for the purpose of implementing th
Town
Scheme may be made in respect of any land which is e proposals in the final Development Plan, prepare
Planning/Development Scheme
:‐ (a) in the process of development, one or more Town Planning
Schemes for the area within its jurisdiction. Conten
(b) likely to be used for any development including ts of draft scheme is elaborated.
building purposes, or

(c) already built upon.

12. Periodic Revision of Plans. No such provosions. The State
Government can revise at any time after a Regional
plan has come into operation, but not earlier than
10 years . ƒ
The revision shall be at least once in twenty years
from the date on which a Development Plan has c
ome into operation,
11. Land Assembly/ Acquisition of Land by Way of Acquisition of Land by Way of :
Mechanism/Acquisition
• ƒTransferable Development Right ƒ • Transferable Development Right ƒ
Accommodation Reservation . Accommodati on Reservation ƒ
• Purchase of Land by way of Negotiated Settle • Purchase of Land by way of Negotiated Settle
ment. ment
• ƒPower to Acquire land under the Land Acquis • Power to Acquire land under the Land Acquis
ition Act, 1894 or any other land Acquisition ition Act, 1894 or any other Land Acquisition
act.
 CONTENT: CHAPTERS AND SECTIONS

THE MAHARASHTRA REGIONAL AND TOWN PLANNING BIHAR URBAN PLANNING AND DEVELOPMENT ACT,
ACT, 1966 2012

• CHAPTER-1 : PRELIMINARY • CHAPTER-1 : PRELIMINARY

• CHAPTER-2 : PROVISIONS RELATING TO REGIONAL PLANS. • CHAPTER-2 : BIHAR URBAN PLANNING AND DEVELOPMENT BOARD
• CHAPTER-3 : DEVELOPMENT PLAN. • CHAPTER-3 : DECLARATION OF PLANNING AREAS AND
• CHAPTER-3-A : AREA DEVELOPMENT AUTHORITY. • CONSTITUTION OF PLANNING AUTHORITIES
• CHAPTER-4 : CONTROL OF DEVELOPMENT AND USE OF LAND INCLUDED • CHAPTER-4 : PREPARATION OF LAND USE MAP AND LAND USE REGISTER
IN DEVELOPMENT PLANS. • CHAPTER-5 : PREPARATION, CONTENTS AND APPROVAL OF
• CHAPTER-5 : TOWN PLANNING SCHEMES. DEVELOPMENT PLAN.
• CHAPTER-6 : NEW TOWNS. • CHAPTER-6 : CONTROL OF DEVELOPMENT AND USE OF LAND
• CHAPTER-6-A : LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT • CHAPTER-7 : AREA DEVELOPMENT SCHEME
CHARGE. • CHAPTER-8 : LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT
• CHAPTER-7 : LAND ACQUISITION. CHARGE
• CHAPTER-8 : FINANCE, ACCOUNT AND AUDIT. • CHAPTER-9 : ACQUISITION AND DISPOSAL OF LAND
• CHAPTER-9 : SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS. • CHAPTER-10 : FINANCE, ACCOUNTS AND AUDIT
• CHAPTER- 11 : URBAN ARTS AND HERITAGE COMMISSION
• CHAPTER- 12 : TRIBUNAL
• CHAPTER -13 : POWERS OF GOVERNMENT
• CHAPTER – 14 : SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS.
THERE ARE 11 CHAPTERS AND 196 SECTIONS
THERE ARE 15 CHAPTERS AND 113 SECTIONS
Chapter-1 : PRELIMINARY
THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

• It shall extend to the whole of the State of Maharashtra. • It shall extend to the whole of the State of Bihar or part thereof as may be
notified by the State Government.
• Appropriate Authority means any public authority on whose
behalf land is designated for a public purpose in any plan or • "Appropriate Authority” in relation to a Planning Area, means the
scheme and which it is authorised to acquire Planning Authority or the Bihar Urban Planning and Development Board
or any other authority established or notified for that area by the
• “ local authority ” means— (a) the Bombay Municipal Corporation Government including but not limited to the District Planning Committee,
constituted under the Bombay Municipal Corporation Act Metropolitan Planning Committee and relevant Local Authorities;

• “ Development plan ” means a plan for the development or re-

development of the area within the jurisdiction of a Planning • "Local Authority" means Urban Local Bodies constituted under the Bihar
Authority Municipal Act, 2007 (Bihar Act 11 of 2007), as in force in the state of Bihar
or Panchayati Raj Institutions constituted under Bihar Panchayat Raj Act,
2006 or any other authority or corporation defined as Local Authority
under any other Act;

• "Development Plan" means a plan for the development or

redevelopment or improvement of an area within the jurisdiction of a
Planning Authority and includes a Regional Development Plan, a
Metropolitan Development Plan, Area Development Plan, Master Plan,
Town Development Plan, Zonal Development Plan, District Development
Plan, or any other plan or scheme prepared under this Act by whatsoever
name known;
Chapter-REGIONAL PLAN
THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

No such provision or section contains the information about Regional

Provisions related to Regional Plans Plans in BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012.
a) Region – (section 3) Bihar Urban Planning and Development Board. Section 3
Any area in the State, by defining its limits, to be a Region. Bihar Urban Planning and Development Board.-
b) Constitution of Regional Planning Boards- (section 4) (1) As soon as may be after the commencement of this Act, the
Consisting of a Chairman &the Director of Town Planning ; maximum Government shall, by notification in the official gazette, constitute and
four members appointed by the State Government of local appoint the Bihar Urban Planning and Development Board for carrying
authorities. out the functions assigned to it under this Act.
c) Powers and duties of Board – (section 8)
 To carry out a survey of the Region, and (2) The Board may invite representative(s) of Ministry of Urban
 Prepare reports on the surveys. Development, Ministry of Housing and Poverty Alleviation, Ministry of
 To prepare an existing-land-use map Environment and Forest, Ministry of Railway, Ministry of Civil Aviation,
 To prepare a Regional plan; Ministry of Road Transport and Highways, Government of India as special
 To perform any other duties or functions as are invitee members for its functioning.
supplemental prescribed by regulations
d) Contents of Regional Plan – (section 14) Functions And Powers of Board – (section 4)
 Allocation of land for different uses Board shall be to advise the Government in matters relating to planning and
 Reservation of areas for open spaces, recreation etc. development and use of rural and urban land in the State, to guide, direct
 Transport & communication and assist the Metropolitan Planning Committee or any other Planning
 Public utilities & amenities like water supply, drainage. Authority/(ies) constituted under the Act and to perform such other
 Reservation of sites for green field development functions as the Government may, from time to time assign to the Board.
 Preservation, conservation & development of areas of natural
scenery, forest etc.
Chapter-REGIONAL PLAN
THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

 Heritage preservation & Areas for military & defense.

 Prevention of erosion & afforestation, reforestation & other No such provision or section contains the information about Regional
environmental issues Plans in BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012.
 Proposals for irrigation, water supply, flood control etc.
 Distribution of population
e) Submission of Regional Plan – (section 15)
Submitted to the State Government with all other
documents, maps and plans for approval and within the prescribed
period, by notification in the Official Gazette about the approval of
plan.
f) Procedure followed in preparing and approving
Regional Plan – (section 16)
 Existing-land-use map and the regional survey carried out and
preparation of Maps, charts and a report
 Recommendations to the State Government by local
authorities in the draft Regional plan.
 The Regional Board modify the objections, suggestions and
representations received by it to the Regional Planning
Committee.
Chapter-REGIONAL PLAN
THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

 Suggestions, objections and representations, the Regional

Board will prepare the Regional plan containing such No such provision or section contains the information about Regional
modifications and submit it to the State Government for Plans in BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012.
approval.
g) Publication of Regional plan – (section 17)
Regional plan is approved by the State Government, it
is published to all persons affected by the Regional
plan(60 Days come into operation )
h) Restriction on change of user of land or development after that
– (section 18)
No person can change the use of any
land/development of any land without permission.
i) Expenses of Regional Board
DEVELOPMENT PLAN
THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

Provisions for Development Plan Provisions for Development Plan

a) Development Plan – (section 21) Contents of Development Plan. (SECTION : 22. )
“Development plan ” means a plan for the (a) prepare a topographical map for the Planning Area
development or re-development of the area within the (b) identify and map the facilities at the level of village, block, city and district.
jurisdiction of a Planning Authority. (prepared in 3 yrs) (c) identification and demarcation of zones and sub zones, within the holistic
b) Contents of Development Plan – (section 22) framework of the Development Plan.
 Allocation of land for different uses (d) collect, compile and update the information on natural and human resources and
 Reservation of areas for open spaces, recreation etc. the demographic profile, for preparing the database at block, city and district
 Transport & communication, Public utilities & amenities like level for decentralized planning.
water supply, drainage etc. (e) prepare the plan for entire Planning Area and consolidate the schemes and plans
 Service industries, industrial estates etc. prepared by the Zila Parishad, various village Panchayats, Panchayat Samitis,
 Preservation, conservation & development of areas of Nagar Panchayat, Municipal Council and Municipal Corporations of that Planning
natural scenery, forest ,Heritage preservation etc. Area.
 Proposals for irrigation, water supply, flood control
 The filling up or reclamation of low lying, swampy or
unhealthy areas, or levelling up of land Modification of Development Plan by the Board. (SECTION-25)
 Development control regulations after the Development Plan has been submitted to the Board but not later than the
c) Modifications of substantial nature – (section 22A) time prescribed by Rules, the Board shall direct the Planning Authority to make such
modifications made by the State Government in the modifications in the Development Plan as the Board thinks fit and there upon the
draft Development Plan in a reserved site, a new road Planning Authority shall make these modifications.
or proposed roads, change in the proposal of allocating the use of
certain lands from one zone to any other
zone, alteration in the FSI.
DEVELOPMENT PLAN
THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

Provisions for Development Plan Provisions for Development Plan

d) Plans for areas of Comprehensive Development Plan – (section 33)
 Urban renewal, housing, shopping centers, industrial areas, civic Development Plan for Additional Area. (Section 29)
centers, educational and cultural institutions. If any time after a Planning Authority has declared a Development Plan or after a
 control of architectural features, elevation and frontage of Development Plan prepared by a Planning Authority has been approved, the
buildings and structures. jurisdiction of the Planning Authority is extended by inclusion of an additional
 Plans of areas having bad layout, obsolete development and slum area, the Planning Authority in accordance with the provisions of this Act for the
areas and re-location of population. preparation of a Development Plan, shall prepare and publish a Development
 Open spaces, gardens, playgrounds and recreation areas. Plan for such additional area either separately or jointly with Development Plan
prepared for the area originally under its jurisdiction, and submit it to the
Preparation of Development plan for additional area. (Section 34): Government for approval after following the same procedure as is followed for
(1) If at any time after a Planning Authority has declared its intention to submission of a Development Plan.
prepare a Development plan or after a Development plan prepared
by a Planning Authority has been sanctioned, the jurisdiction of the Development Plan prepared prior to the application of this Act to be deemed
Planning Authority is extended by inclusion of an additional area, Development Plan. (Section 23. )
the Planning Authority shall make a fresh declaration of intention
to prepare a Development plan for the additional area If a Local Authority or Town and Country Planning Organization has already
prepared a Development Plan for a Planning Area before the application of this
Development plans sanctioned by State Government before Act to that area, the Planning Authority constituted for that area may adopt the
commencement of this Act. (Section 35) Development Plan already prepared, with or without modifications, and the
If any Planning Authority has prepared a Development plan which same shall be deemed to be a Development Plan for the purposes of this Act.
has been sanctioned by the State Government before the
commencement of this Act, then such Development plan shall be
deemed to be final Development plan sanctioned under this Act.
DEVELOPMENT PLAN
THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

Provisions for Development Plan Provisions for Development Plan

e) Power of State Government or Planning Authority to permit Power of Government to prepare Development Plan. Section:24.
temporary change of user – (section 37A) (1) Where by virtue of the foregoing provisions of this Act, a Development Plan
Temporary use of any plot of land, reserved, designated or allocated for is to be prepared,
the purpose of play-ground, for (2) (a) if within the period prescribed or within such period which the
management of any disaster or emergency such as Government has extended, no Development Plan has been prepared by the
Helipad or other essential use Planning Authority, or
(3) (b) if at any time the Government requires to prepare such a Development
Plan on an urgent basis, the Government may direct Town and Country
f) Revision of Development plan – (section 38) Planning Organization for preparation of Development Plan. The Town and
At least once in 20 years from the date on which a Country Planning Organization shall, for this purpose, follow the procedure
Development plan has come into operation and revise the and exercise the powers of Planning Authority under this Act.
Development plan after carrying out survey and preparing an existing- (4) (2) Any expense(s) incurred under this Section in connection with the
land-use map of the area within its jurisdiction. preparation of the Development Plan for the Planning Area of Planning
Authority, shall be paid by the Planning Authority.

Modification of Development Plan by the Board (Section :25) -

As soon as may be, after the Development Plan has been submitted to the
Board but not later than the time prescribed by Rules, the Board shall direct
the Planning Authority to make such modifications in the Development Plan
as the Board thinks fit and thereupon the Planning Authority shall make
these modifications.
AREA DEVELOPMENT AUTHORITY
THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

Provisions for Development Authority Provisions for Development Authority.

a) Declaration of development area – (section 42A) Declaration of Planning Areas. (Section: 9)
The State Government for the purpose of securing planned development (1) The Government may, for the purpose of securing planned development of
of areas within the State, declare by notification in the Official Gazette, regions or areas within the State, on advice of the Board, declare by
any area in the State to be a development area. notification, and in such other manner as may be prescribed, any such region
or area or regions or areas, including a Metropolitan Area or area for
b) Constitution of Area Development Authority – development of new towns in the State to be a Planning Area, by whatsoever
(section 42C) name known for the purposes of this Act.
State Government with notification in the Official
Gazette form an authority for the purpose of carrying Constitution of Planning Authority. (Section 11)
out the functions assigned to an Area Development (1) Any time after the declaration of a Planning Area under Section-9, the
Authority under this Act. Government shall, by notification, constitute an authority for such area to be
c) Powers and functions of Area Development Authority – (section 42F) called the Planning Authority of that Planning Area and it shall be known by
The powers and functions of an Area Development Authority are as such name as the Government may determine.
follows:
 Preparation and execution of town planning schemes. 16. Functions and Powers of the Planning Authorities.
 To carry out surveys in the development area for the preparation of (1) Planning Authority shall carry out such functions and exercise such powers as
town planning schemes. may be prescribed by the Rules.
 To control the development activities in accordance with the (a) Planning Authority may carry out or cause to be carried out surveys of its
development plan and town planning schemes. Planning Area and to prepare report or reports of such surveys, and to
 To enter into contracts, agreements or arrangements, with any perform any other function which is supplemental, incidental, or
person or organization as the Area Development Authority. consequential to any of the functions which may be prescribed.
AREA DEVELOPMENT AUTHORITY
THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

Provisions for Development Authority Provisions for Development Authority.

(b) The person so assisting or advising the Planning Authority may take part in
the meetings of the authority relevant to the purpose for which he is
associated or consulted but shall not have the right to vote at a meeting or
take part in the meeting of the authority relating to matters concerned with
any other purpose.
(c) The Planning Authority may consult the offices of Revenue Department for
performance of its functioning.

(a) A Planning Authority may, with the previous sanction of the Government,
associate with itself such persons whose assistance or advice it may desire
for the purpose of performing any of its functions under this Act and such
persons may be paid by the Planning Authority such remuneration or fees
as may be sanctioned by the Government.
CONTROL OF DEVELOPMENT AND USEOF LAND INCLUDED IN DEVELOPMENT PLANS.
THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

Provisions for Development Authority Provisions for Development Authority.

a) Restrictions on development of land – (section 43)
31. Prohibition of Development without payment of development charges and
No person can change the use of any land /development of land without
without permission.-
the permission in writing of the Planning Authority.
(1)After the application of this Act to any area and subject to the provisions
No such permission required for necessary works:
relating to development charges and other provisions of this Act, no
 For the maintenance, improvement or other alteration of any
development or change of use of any land shall be undertaken or carried out in
building.
that area :
 Maintenance or improvement of a highway, road or public street,
(a) without obtaining a certificate from the Planning Authority certifying that
etc.
the development charge as levied; and
 Inspecting, repairing or renewing any drains, sewers, mains, pipes,
(b) (b) without obtaining the permission in writing.
cable, telephone or other apparatus including the breaking open of
any street.
Permission for Development (Section 33)
b) Application for permission for development – (section 44)
(1) After notification of the Development Plan every land use, every institution
Any person not being Central or State Government or local authority
of use, change in land use, every building operation and every development in
intending to carry out any development on any land shall make an
the Planning Area shall conform to the Development Plan.
application in writing to the Planning Authority for permission.
(2) Any person or body(excluding a department of Central or State Government
or Local Authority) intending to carry out any development on any land in
conformity with the Development Plan shall make an application in writing to
Planning Authority for permission in such form containing such documents and
plans as may be prescribed by the Rules,
AREA DEVELOPMENT AUTHORITY
THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

Control of Development and use of land Control of Development and use of land

c) Grant or refusal of permission – (section 45) Grant or refusal of permission – (section 31 Subsection -2)
 grant the permission(unconditionally) or grant the permission (2) The Planning Authority on receipt of application shall within three months
with special conditions or refuse the permission. grant permission, refuse to grant permission or grant permission with such
 If the Planning Authority does not communicate its decision conditions or modifications as it thinks fit.
whether to grant or refuse permission to the applicant within
sixty days from the date of receipt of his application such
permission shall be deemed to have been granted.
d) Provisions of Development plan to be considered before granting
permission – (section 46)
The Planning Authority in considering application for
permission have to consider the provisions of any draft or final
development plan.
Provisions related to Unauthorized Development
THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

Provisions related to Unauthorized Development Provisions related to Unauthorized Development

a) Penalty for unauthorized development or for use Penalty for Unauthorized Development or for Use in Non-Conformity with the
otherwise than in conformity with Development plan – (section 52) Development Plan (Section 41)
(1) Any person who, whether at his own instance or at the instance of (1) Any person who, whether at his own instance or at the instance of any other
any other person commences, undertakes or carries out person or body commences, undertakes or carries out any development, or
development or institutes, or changes the use of any land— institutes or changes the use of any land or building.
(a) without permission required under this Act ; or (a) in contravention of any Development Plan;
(b) which is not in accordance with any permission granted or in (b) without necessary permission as required under this Act;
contravention of any condition subject to which such permission has (c) in contravention of any condition subject to which such permission has been
been granted ; granted;
(c) after the permission for development has been duly revoked (d) after the permission for development has been revoked under section- 39; or
(d) (d) in contravention of any permission which has been duly (e) in contravention of the permission which has been modified under section-39;
modified, shall be punishable with simple imprisonment for a term which may extend to
shall, on conviction, 1[be punished with imprisonment for a term six months, or with a fine which may extend to one lac rupees or with both.
2[which shall not be less than one month but which may extend to
three years and with fine which shall not be less than two (2) Any person who continues to use or allows the use of any land or building in
thousand rupees but which may extend to five thousand rupees. contravention of the provisions of a Development Plan without having been
allowed under section-33, section-34 and section-35 or where the continuance of
(2) Any person who continues to use or allows the use of any land or such use after the period for which the use has been allowed or without complying
building in contravention of the provisions of a Development plan , with the terms and conditions under which the continuance of such use is allowed,
shall on conviction be punished 3[with fine which may extend to shall be punishable with simple imprisonment for a term which may be extend
five thousand rupees]; and in the case of a continuing offence, with to six months, or with a fine which may be extend to fifty thousand rupees.
a further fine which may extend to one hundred rupees for every
day
Provisions related to Unauthorized Development
THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

Provisions related to Unauthorized Development Provisions related to Unauthorized Development

b) Power to require removal of unauthorized development – Power to Require Removal of Unauthorized Development. (Section 42)
(section 53)
Non permitted development of land has been carried (1) Where any development of land has been or is being carried out as described
out ,the Planning Authority give the owner a notice in section-41, the Planning Authority shall serve on the owner a notice
requiring him, within such period(1 month) and after requiring him, within such period, not exceeding one month, as may be
the service of the notice, to take such steps as may be specified therein, after the service of the notice, to take such steps as may be
specified in the notice. specified in the notice, which, inter-alia, may order,
After that warning notice purpose is aforesaid ie:
 Demolition or alteration of any building or works. (2) In particular, any such notice may, for the purpose aforesaid require
 Carrying out on land of any building or other operations. (a) the demolition or alteration of any building or works;
 Discontinuance of any use of land. (b) the carrying out on land, or any building of other operations; or
(c) the discontinuance of any use of land and building;
Provisions related to Unauthorized Development
THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

Provisions related to Unauthorized Development Provisions related to Unauthorized Development

Power to Stop Unauthorized Development and Requisition of Police.
c) Power to stop unauthorized developments –
Section-4
(section 54)
sub section:(1) Where any development of land or building as described in
Any person, who continues to carry out the development of land,
section-38 is being carried out but has not been completed, the Planning
whether for himself or on behalf of the owner or any other person,
Authority may serve on the owner and the person carrying out the
after such notice has been served shall, on conviction, Person will be
development a notice requiring the development of land or building to be
punished with imprisonment for a term which may extend to three
discontinued from the time of the service of such notice.
years or with fine which may extend to five thousand rupees or with
both.
Sub section:(3) Any person, who continues to carry out the development of land
and building, whether for himself or on behalf of the owner or any other
person, after such notice has been served, shall be punishable with
- simple imprisonment for a term which may extend to six months, or with fine
which may extend to fifty thousand rupees or with both and when the
noncompliance is a continuing one, with a further fine which may extend to
five hundred rupees for every day after the date of the service of the notice
during which non-compliance has continued or continues.
TOWN PLANNING SCHEMES
THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

Town Planning and Development Schemes Town Planning and Development Schemes
Scope and contents of the Area Development (Scheme Section 48)
An Area Development Scheme may make provisions for any or all of the following
a) Preparation and contents of town planning scheme – (section 59) matters, namely :-
Town planning scheme have provision for any of the
following matters: (a) the area, ownership and tenure of all existing plots covered by the scheme
 Laying out or re-laying out of land, either vacant or already built (b) the laying out or relaying out of land, either vacant or already built upon
upon, including areas of comprehensive development. (c) the filling up or reclamation of low-lying swamp or unhealthy areas or leveling up
 Filling-up or reclamation of low-lying, swampy or unhealthy area, or of land
levelling-up of land. (d) layout of new streets or roads, construction, diversion, extension, alteration,
 Layout of new streets or roads, construction, diversion, extension, improvement, closure or relocation of streets, roads and communications
alteration, improvement and closing up of streets and roads. (e) the reconstitution of plots
 Construction, alteration and removal of buildings, bridges and (f) the construction, alteration and removal of buildings, bridges and other structures
other structures. (g) the allotment or reservation of land for roads, open spaces, gardens, parks,
 Allotment or reservation of land for open spaces, gardens, recreation grounds, schools, markets, residential purposes, industrial and
recreation grounds, schools, markets, green belts, dairies, transport commercial activities, green belts and dairies, transport facilities and public purposes
facilities and public purposes. of all kinds, the portion of land which can be acquired
 Drainage, inclusive of sewerage, surface or sub-soil drainage and (h) undertaking housing schemes for different income groups, including housing for
sewage disposal. EWS
 Lighting and water supply. (i) drainage, sewerage, surface or sub-soil drainage and sewage disposal
 Preservation of objects of historical or national interest or natural (j) lighting;
beauty, and of building actually used for religious purposes. (k) water supply; (l) the preservation and protection of objects of historical
importance or of natural beauty and of buildings actually used for religious purposes
TOWN PLANNING SCHEMES
THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

Town Planning and Development Schemes Town Planning and Development Schemes

(a) Making of town planning schemes. (Section:59) 46. Preparation of Area Development Scheme.
Planning Authority may for the purpose of implementing the proposals in Subject to the provisions of this Act or any other law for the time being in force,
the final Development plan 4[or in respect of any land which is likely to the Planning Authority may, not later than 6 months after the Development
be in the course of development or which is already built upon], prepare Plan/s has been approved by the Government, invite Area Development
one or more town planning schemes for the area within its jurisdiction Scheme(s) the purpose of implementing the proposals contained in the
Development Plan from eligible developers for the area or areas within its
b) Power of Planning Authority to resolve on declaration of intention to jurisdiction or any part thereof.
make scheme – (section 60)
In 30 days of declaration of intention to make a
scheme ,the Planning Authority can publish the
declaration in the Official Gazette.
c) Making and publication of draft scheme – (section 61)
With in 9 months from the date of the declaration in
the Official Gazette and notice copy will be available
for inspection by the public .
d)Contents of draft scheme – (section 64)
 Ownership, area and tenure of original land holdings.
 Details of reservation, acquisition or allotment of land.
 Extent and boundaries where plot reconstitution is required.
 Total cost estimations.
 Allotment of final plots to owner and transfer of ownership.
NEW TOWNS
THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

NEW TOWN NEW TOWN

a) Designation of site for new town- (section 113)
No such provision or section contains the information about Draft Development
The State Government for public interest notify in the
Plans in BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012.
Official Gazette that any area should be developed as a site for a new
town as reserved in Regional Plan.
After publication of the notification acquiring, developing and disposing
of land in the area of a new town, the State Government by notification
in the Official Gazette form a New Town Development Authority.
b) Objects of New Town Development Authority –
(section 114)
Secure the laying out and development of the new town in accordance
with proposals approved and have power to acquire, hold, manage and
dispose of land.
Other operations, to provide water, electricity, gas,
sewerage and other services, amenities and facilities for the purpose
of the new town.
c) Planning and control of development in new towns –
(section 115)
Area which is required for the purposes connected with the
development of the new town, and any land whether adjacent to that
area or not which is required for provisions of services or amenities for
the purposes of the new town.
LAND ACQUISITION
THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 BIHAR URBAN PLANNING AND DEVELOPMENT ACT, 2012

Provisions for Land Acquisition Provisions for Land Acquisition

Sections 125 – 129 of land acquisition in MRTP act are as follows-
64. Power to Acquire land under the Land Acquisition Act.
 Compulsory acquisition of land needed for purposes of Regional
plan, Development plan, or town planning schemes, etc.
(1) Any land required, reserved or designated in any Development Plan and Area
 Acquisition of land required for public purposes specified in plans.
development Scheme shall be deemed to be land needed for a public purpose
 Lapsing of reservations.
within the meaning of the Land Acquisition Act, 1894, or any other Land
 Power of State Government to acquire lands for purpose other
Acquisition Act in force from time to time, and may be acquired by the
than the one for which it is designated in any plan or scheme.
Government under the said Act as modified in the manner provided in this Act
 Possession of land in case of urgency
on request by the respective Planning Authority or any Local Authority.
Any land required, reserved or designated in a Regional plan,
Development plan or town planning scheme for a public purpose
or purposes including plans for any area of comprehensive
development or for any new town shall be deemed to be land
needed for a public purpose within the meaning of the Land
Acquisition Act, 1894.
 Bihar : THE ACT CONCLUSION
Bihar Urban Planning and Development (BUPD) Act, 2012 was enacted to make provision for promotion of planned growth and de
velopment of urban areas and such rural areas having potential of urbanization and regulation thereof including land use. The act
empowers the State of Bihar to constitute Bihar Urban Planning and Development Board to perform certain functions which mainly
includes to guide,
(a) direct and assist the Planning Authority;
(b) to advise on the delineation of the Planning Area(s) and direct the preparation of Development Plan;
(c) undertake, assist and advise on the coordination of planning and implementation of physical development programmes;
(d) direct the preparations of one or more Regional Development Plan, Regional Transportation Plans, Town Development Plans and
(e) direct the preparations of one or more Regional Natural Resources and Environmental Conservation Plans.

The Board is empowered to constitute one or more committees under BUPD Act, to assist Board in exercising its powers, discharging
its duties or performing its functions. This Act also empowers the State to constitute Urban Arts and Heritage Commission in
order to preserve and conserve archaeological and historical sites, restore and conserve urban design in Planning Area.
• The Act has given provision to prepare Development Plan for Metropolitan area by Metropolitan Planning
Committee (MPC), and the criteria for constitution of MPC will be in accordance with Article 243ZE of the
Constitution of India; however such criteria have not been discussed in detail.
The power and function of Planning Authorities as well as MPC has been elaborated.

• The contents and scope of Development Plan and Metropolitan Development Plan have been elabo
rated in the Act. Regional Planning aspects have been addressed however specific content to Regional
Plans have not been discussed in the Act.

• After the receipt of the Development Plan, together with the report of the Committee, the Government
may either approve the Development Plan, with or without modifications, or may return the Devel
opment Plan to the Planning Authority
to modify the plan or to prepare a fresh plan in accordance with such directions as the Government may
issue in this behalf.
• Immediately after the Development Plan has been approved by the Government, the Planning Authority shall publish a
public notice in the Official Gazette and in a local newspaper, of the approval of the Development. The Development
Plan shall come into operation from the date of publication.
•
• The Planning Authority may invite Area Development Schemes from developers. An Area Development Scheme may be made in
respect of any land which is in the process of development, or likely to be used for any development including building
purposes, or already built upon.
•
Any land required, reserved or designated in any Development Plan and Area development Scheme can be for a public purpose
by Way of TDR or Accommodation.
• Reservation or purchase of land by way of negotiated settlement or under the Land Acquisition Act, 1894. The act has also
given the provision to create and maintain a land bank, in which all lands acquired, allotted, purchased and obtained, will
be monitored and maintained and position reviewed periodically by respective Planning Authorities.