Section 31 in The Maharashtra Regional and Town Planning Act, 1966
31. Sanction to draft Development plan.
(1)Subject to the provisions of this section, and not later than [six months] [These words were substituted for the words 'one year by Maharashtra 10 of 2011, Section 9(1)(a), (w.e.f. 5-4-2011).] from the date of receipt of such plan from the Planning Authority, or as the case may be, from the said Officer, [* * *] [The words 'or not later than such further period not exceeding twelve months as it may decide' were deleted by Maharashtra 6 of 1976, Section 12(a).] the State Government may, after consulting the Director of Town Planning by notification in the Official Gazette sanction the draft Development plan submitted to it for the whole area, or separately for any part thereof, either without modification, or subject to such modifications as it may consider proper or return the draft Development plan to the Planning Authority or as the case may be, the said Officer for modifying the plan as it may direct or refuse to accord sanction and direct the Planning Authority or the said Officer to prepare a fresh Development plan:[Provided that, the State Government may, if it thinks fit, whether the said period has expired or not, extend from time to time, by a notification in the Official Gazette, the period for sanctioning the draft Development plan or refusing to accord sanction thereto, by such further period not exceeding,-(i)twelve months, in case of a Municipal Corporation having a population of ten lakhs or more, as per the latest census figures, and(ii)six months, in any other case, as may be specified in such notification:][Provided further that, where the modifications proposed to be made by the State Government or submitted by the Planning Authority under section 34 and proposed to be approved by the State Government without any further change are of a substantial nature with respect to the draft Development plan published under section 26, the Government shall publish a notice in the Official Gazette and also in not less than two local newspapers inviting objections and suggestions from any person in respect of the proposed modifications within a period of one month, from the date of such notice.] [This proviso was substituted by Maharashtra 10 of 2011, Section 9(1)(c), (w.e.f. 5-4-2011).](2)The State Government may appoint an officer of rank not below that of a [Group A Officer] [These words and figures were substituted for the words 'Class I officer' by Maharashtra 5 of 2014, Section 8(b)(i), (w.e.f. 4-10-2013).] and direct him to hear any such person in respect of such objections and suggestions and submit his report thereon to the State Government [within one year from the date of publication of notice under second proviso to sub-section (1)] [Inserted by Maharashtra Maharashtra 5 of 2014, Section 13(b)(ii), (w.e.f. 4-10-2013).].(3)The State Government shall before according sanction to the draft Development plan take into consideration such objections and suggestions and the report of the officer.[Provided that, the time-limits as provided in sub-sections (1) and (2) shall not apply for according sanction to the modifications published under sub-section (1.):Provided further that, the Government shall take final decision regarding such modifications within one year from the date of receipt of the report from the officer appointed under sub-section (2).] [This provisos inserted by Maharashtra Maharashtra 5 of 2014, Section 8(c), (w.e.f. 4-10-2013).](4)The State Government shall fix in the notification under sub-section (1) a date not earlier than one month from its publication on which the final Development plan shall come into operation.(4A)[ The State Government may, by notification in the Official Gazette, delegate all the powers and functions under this section to the Director of Town Planning in such cases and subject to such conditions, if any, as may be specified in such notification.] [Sub-section 4A was inserted by Maharashtra 10 of 2011, Section 9(2), (w.e.f. 5-4-2011).](5)If a Development plan contains any proposal for the designation of any land for a purpose specified in clauses (b) and (c) of section 22, and if such land does not vest in the Planning Authority, the State Government shall not include that in the Development Plan, unless it is satisfied that the Planning Authority will be able to acquire such land by private agreement or compulsory acquisition not later than ten years from the date on which the Development plan comes into operation.(6)A Development plan which has come into operation shall be called the "final Development plan" and shall, subject to the provisions of this Act, be binding on the Planning Authority,(c)Provisions for Preparation of interim Development Plans, plans for areas of comprehensive development, etc.
