Section 21 in The Maharashtra Regional and Town Planning Act, 1966
21. Development Plan.
(1)As soon as may be after the commencement of this Act, but not later than three years after such commencement, and subject, however, to the provisions of this Act, every Planning Authority shall carry out a survey, prepare an existing land-use map and prepare [* * *] [The words 'and publish' were deleted by Maharashtra 6 of 1976, Section 7(a)(i).] a draft Development plan for the area within its jurisdiction, in accordance with the provisions of a Regional plan, where there is such a plan [publish a notice in the Official Gazette and in such other manner as may be prescribed stating that the draft Development plan has been prepared] [These words were inserted by Maharashtra. 6 of 1976, Section 7(a)(ii).] and submit the plan to the State Government for sanction. The Planning Authority shall also -submit a quarterly Report to the State Government about the progress made in carrying out the survey and prepare the plan.(2)Subject to the provisions of this Act, every Planning Authority constituted after the commencement of this Act shall, not later than three years from the date of its constitution, [deciare its intention to prepare a draft Development plan, prepare such plan and publish a notice of such preparation in the Official Gazette] [These words were substituted for the words 'prepare a Draft Development plan and publish a notice of such preparation in the Official Gazette' by Maharashtra S of 2014, Section 3(a), (w.e.f. 4-10-2013).] and in such other manner as may be prescribed] and [submit the draft Development plan] [These words were substituted for the words 'submit it', by Maharashtra 6 of 1976, Section 7(b)(ii).] to the State Government for sanction.(3)[ On an application made by any Planning Authority, the State Government may, having regard to the permissible period specified in the preceding sections, from time to time, by order in writing and for adequate reasons to be specified in such order, extend such period.] [Sub-section (3) was substituted by Maharashtra 10 of 2011, Section 2(1), (w.e.f. 5-4-2011).](4)[If the declaration of intention to prepare Development plan under section 23 is not made or if the draft Development plan is not submitted] [These words were substituted for the words 'If the draft Development plan is not submitted' by Maharashtra 5 of 2014, Section 3(b)(1), (w.e.f. 4-10-2013).] to the State Government as aforesaid for sanction by any Planning Authority within the period specified or within the extended period, [the concerned Divisional Joint Director or Deputy Director of Town Planning and Valuation Department or an officer not below the rank of an Assistant Director of Town Planning nominated by him, as the case may be, may after declaring the intention, carry out necessary survey of the area and prepare an existingÂland-use map in consultation with the Director of Town Planning and] [These words were substituted for the words the concerned Divisional Deputy Director of Town Planning or an officer nominated by him who is not below the rank of Assistant Director of Town Planning may after carrying out the necessary survey of the area and preparing an existing land-use map in consultation with the Director of Town Planning' by Maharashtra 5 of 2014, Section 3(b)(2), (w.e.f. 4-10-2013).] [prepare such Development plan and publish a notice in the Official Gazette and in such other manner as may be prescribed stating that such plan has been prepared and submit it to the State Government for sanction,] [These words were substituted for the words 'prepare and publish in the prescribed manner, such Development plan', by Maharashtra 6 of 1976, Section 7(c)(i).] and may recover the cost thereof from the funds of the Planning Authority, notwithstanding anything contained in any law relating to the said fund. Such officer shall exercise all the powers and perform all the functions of a Planning Authority which may be necessary for the purpose of preparing [a Development plan and publishing a notice as aforesaid and submitting it to the State Government for sanction] [These words were substituted for the words and publishing a Development plan' by Maharashtra 6 of 1976, Section 7(c)(ii).].(4A)[ If at any stage of preparation of the draft Development plan, the time fixed under sections [* * *] [Section (4A) was inserted by Maharashtra 10 of 2011, Section 2(3), (w.e.f. 5-4-2011).], 25, 26, [* * *] [These figures deleted by Maharashtra 5 of 2014, Section 3(c)(1), (w.e.f. 4-10-2013).] and 30 for doing anything specified in the said sections lapses, the Planning Authority shall be deemed to have failed to perform its duty imposed upon it by or under the provisions of this Act and any work remaining to be done upto the stage of submission of the draft Development plan under section 30 shall be completed by [the concerned Divisional Joint Director or Deputy Director of Town Planning and Valuation Department or an officer nominated by him not below the rank of an Assistant Director of Town Planning, as the case may be.] [These words were substituted for the words 'the concerned Divisional Deputy Director of Town Planning or an officer nominated oy nim who is not below the rank of Assistant Director of Town Planning' by Maharashtra 5 of 2014, Section 3(c)(2), (w.e.f. 4-10-2013).] The said officer shall exercise all the powers and perform all the duties of a Planning Authority which may be necessary for the purpose of preparing a Development plan and submitting it to the State Government for sanction and may, notwithstanding anything contained in any other law relating to the funds of the Planning Authority, recover the cost thereof from such funds:][Provided that, the said Officer shall exercise all the powers and perform all the duties of the Planning Authority within such period as may be specified by an order by the Director of Town Planning, having regard to the stage of preparation of Development plan:Provided further that, the period specified under the first proviso shall not exceed the original period stipulated under the relevant section.] [These provisos were added by Maharashtra 5 of 2014, Section 3(c)(3), (w.e.f. 4-10-2013).](5)If any local authority which is a Planning Authority is converted into, or amalgamated with, any other local authority or is sub-divided into two or more local authorities, the Development plan prepared for the area by that Planning Authority so converted, amalgamated or sub-divided shall, with such alterations and modifications, as the State Government may approve be the Development plan for the area of the new Planning Authority or Authorities into or with which the former Planning Authority is converted, amalgamated or sub-divided.
