Section 128 in The Maharashtra Regional and Town Planning Act, 1966
128. Power of State Government to acquire land for purpose other than the one for which it is designated in any [* * *] [The word 'draft' was deleted by Maharashtra 6 of 1976, Section 32(c).] plan or scheme.
(1)Where any land is included in [any plan or scheme] [These words were substituted for the words 'any draft plan or scheme' by Maharashtra 11 of 1973, Section 7.] as being reserved allotted or designated for any purpose therein specified or for the purpose of Planning Authority or Development Authority or Appropriate Authority and the State Government is satisfied that the same land is needed for a public purpose different from any such public purpose or purpose of the Planning Authority, Development Authority or Appropriate Authority, the State Government may notwithstanding anything contained in, this Act, acquire such land under the provisions of the Land Acquisition Act, 1894.(1A)[ Save as otherwise provided in this Act or any other law for the time being in force where any land included in any plan or scheme as being reserved, allotted or designated for any purpose therein specified or for the purposes of a Planning Authority or Development Authority or Appropriate Authority, is being acquired by the State Government under the provisions of the Maharashtra Industrial Development Act, 1961, for the Maharashtra Industrial Development Corporation (being the Special Planning Authority deemed to have been appointed as such under sub-section (1A) of section 40, the provisions of sub-sections (2) and (3) of this section shall mutatis mutandis, apply to such acquisition proceedings.] [Sub-section (1A) was inserted by Maharashtra 10 of 1994, Section 14.](2)In the proceedings under the Land Acquisition Act, 1894, the Planning Authority, or Development Authority or Appropriate Authority, as the case may be, shall be deemed to be a person interested in the land acquired; and in determining the amount of compensations to be awarded, the market value of the land shall be assessed as if the land had been released from the reservation, allotment or designation made in the [any plan or scheme] [These words were substituted for the words 'draft Regional Plan, draft Development Plan or draft town planning scheme' by Maharashtra 6 of 1976, Section 32(a).] or new town, as the case may be, and the Collector or the Court shall take into consideration the damage, if any, that Planning Authority or Development Authority or Appropriate Authority, as the case may be, may sustain by reason of acquisition of such land under the Land of Acquisition Act, 1894, or otherwise, and the proportionate cost, of the Development plan or town planning scheme or new town, if any, incurred by such Authority and rendered abortive by reason of such acquisition.(3)On the land vesting in the State Government under section 16 or 17 of the Land Acquisition Act, 1894, as the case may be, the [relevant plan or scheme] [These words were substituted for the words 'relevant draft plan or scheme' by Maharashtra 6 of 1976, Section 32(B).] shall be deemed to be suitably varied by reason of acquisition of the said land.
