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[Cites 0, Cited by 135] [Entire Act]

State of Maharashtra - Section

Section 2 in The Maharashtra Regional and Town Planning Act, 1966

2. Definitions.

- In this Act, unless the context otherwise requires,-
(1)"agriculture" includes horticulture, poultry farming, the raising of crops, fruits, vegetables, flowers, grass or trees of any kind, breeding of livestock including cattle, horses, donkeys, mules, pigs, breeding of fish and keeping of bees, the use of land for grazing, cattle and for any purpose which is ancillary to its cultivation or other agricultural purpose;but does not include the use of land as a garden which is an appendage to a building; and "agricultural" shall be construed accordingly;
(2)[ "Amenity" means roads, streets, open spaces, parks, recreational grounds, play grounds, sports complex, parade grounds, gardens, markets, parking lots, primary and secondary schools and colleges and polytechnics, clinics, dispensaries and hospitals, water supply, electricity supply, street lighting, sewerage, drainage, public works and includes other utilities, services and conveniences;] [Clause (2) was substituted for the Original and shall be deemed to have been substituted on the 25th March, 1991, by Maharashtra 10 of 1994, Section 2(a).]
(3)"Appropriate Authority" means any public authority on whose behalf land is designated for a public purpose in any plan or scheme and which it is authorised to acquire;
(4)"Arbitrator" means a person appointed as the Arbitrator for the purposes of any scheme or schemes under section 72;
(5)"Building operations" include erection or re-erection of a building or any part thereof, roofing or re-roofing of any part of a building or of any open space, any material alteration or enlargement of a building, any such alteration of a building as is likely to affect an alteration of its drainage or sanitary arrangement or materially affect its security or the construction of a door opening on any street or land not belonging to the owner;
(6)"Court' means in Greater Bombay, the Bombay City Civil Court; and elsewhere, the principal civil court of original jurisdiction; and includes any other civil court of a Judge of Senior Division or a Judicial Officer empowered by the State Government to perform the functions of the Court under this Act within the pecuniary and local limits of its jurisdiction;
(6A)[ "Designated Officer" means the officer designated under sub-section (8) of section 53.] [Clause (6A) was inserted by Maharashtra 2 of 2012, Section 29, (w.e.f. 4-8-2012).]
(7)"development" with its grammatical variation means the carrying out of buildings, engineering, mining or other operations in or over or under, land or the making of any material change, in any building or land or in the use of any building or land [or any material or structural change in any heritage building or its precinct] [These words were inserted by Maharashtra 39 of 1994, Section 2(a).] [and includes [demolition of any existing building structure or erection or part of such building, structure of erection; and] [These words were substituted for the words and includes layout and sub-division of any land' by Maharashtra 21 of 1971, Section 2(1).] [reclamation,] [This word was inserted by Maharashtra 31 of 1983, Section 2.] redevelopment and lay-out and sub-division of any land; and "to develop" shall be construed accordingly];
(8)"Development Authority" means a New Town Development Authority [constituted or declared under section 113] [These words were substituted for the word 'constituted' by Maharashtra 21 of 1971, Section 2(2).];
(9)"Development plan" means a plan for the development or re-development of the area within the jurisdiction of a Planning Authority [ [and includes revision of a development plan and] [These words were inserted by Maharashtra 30 of 1972, Section 2(1).] proposals of a special planning Authority for development of land within its jurisdiction];
(9A)[ "development right" means right to carry out development or to develop the land or building or both and shall include the transferable development right in the form of right to utilise the Floor Space Index of land utilisable either on the remainder of the land partially reserved for a public purpose or elsewhere, as the final Development Control Regulations in this behalf provide;] [Clause (9A) was inserted and shall be deemed to have been inserted on the 25th March, 1991, by Maharashtra 10 of 1994, Section 2(c).]
(10)"Director of Town Planning" means the officer appointed by the State Government as the Director of Town Planning;
(11)"engineering operations" include the formation or laying out of a street or means of access to a road or laying out of means of water-supply, drainage, electricity, gas or other public service;
(12)"existing-land-use map" means a map indicating the use to which lands in any specified area are put at the time of preparing the map;
(13)"final plot' means a plot allotted in a final town planning scheme;
(13A)[ "Floor Space Index" means the quotient or the ratio of the combined gross floor area to the total area of the plot, viz :- [Clause (13A), (13B) and (13C) were inserted by Maharashtra 39 of 1994, Section 2(b).]
Floor Space Index =| Total covered area of all floorsPlot area
(13B)"Heritage building" means a building, possessing architectural, aesthetic, historic or cultural values which is declared as heritage building by the Planning Authority in whose jurisdiction such building is situated;
(13C)"Heritage precinct" means an area comprising heritage building or buildings and precincts thereof or related places;]
(14)"land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;
(15)"local authority" means-
(a)the 'Bombay Municipal Corporation constituted under the Bombay Municipal Corporation Act, or the Nagpur Municipal Corporation constituted under the City of Nagpur Municipal Corporation Act, 1948, or any Municipal corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949,
(b)[ a Council and a Nagar Panchayat constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township Act, 1965,] [Sub-clause (b) was substituted by Maharashtra 10 of 2000, Section 2 (w.e.f. 11-10-1999).]
(c)
(i)a Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961,
(ii)[ the Authority constituted under the Maharashtra Housing and Area Development Act, 1976] [Sub-paragraph (ii) was substituted by Maharashtra 28 of 1977, Section 191(a).],
(iii)the Nagpur Improvement Trust constituted under the Nagpur Improvement Trust Act, 1936,]
which is permitted by the State Government for any area under its jurisdiction to exercise the powers of a Planning Authority under this Act;
(16)"local newspaper" in relation to any area within the jurisdiction of a Regional Planning Board, Planning Authority or of a Development Authority, means any newspaper published or circulated within that area;
(17)"occupier" includes a tenant, an owner in occupation of, or otherwise using his land, a rent-free tenant in any land, and any person in lawful possession of any land who is liable to pay to the owner compensation for the use and occupation of the land;
(18)"owner" includes any person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person or for any religious or charitable purpose, the rents or profits of the property in connection with which it is used;
(19)[ "Planning Authority" means a local authority; and includes,- [Clause (19) was substituted for the original by Maharashtra 5 of 1996, Section 4.]
(a)a Special Planning Authority constituted or appointed or deemed to have been appointed under section 40;
(b)in respect of the slum rehabilitation area declared under section 3C of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, the Slum Rehabilitation Authority appointed under section 3A of the said Act;]
(20)"prescribed" means prescribed by rules made under this Act;
(21)"plot" means portion of land held in one ownership and numbered and shown as one plot in a town planning scheme;
(22)"reconstituted plot" means a plot which is altered in ownership or in any other way by making of a town planning scheme;
(23)"Region" means any area established to be a Region under section 3;
(24)"Regional Board" or "Board" means a Regional Planning Board constituted under section 4;
(25)"Regional plan" means a Plan for the development or re-development of a Region which is approved by the State Government and has come into operation under this Act;
(26)"Regional Planning Committee" means a committee appointed under section 10;
(27)"regulation" means a regulation made under section 159 of this Act and includes [zoning, special development control regulations] [These words were substituted for the word 'zoning' by the Maharashtra 22 of 2005, Section 2(a), (w.e.f. 20-6-2005).] and other regulations made as a part of a Regional Plan, Development Plan, or Town Planning Scheme;
(28)"residence" includes the use for human habitation of any land or building or part thereof including gardens, grounds, garages, stables and outhouses, if any, appertaining to such land or building;
(29)"rule" means a rule made under this Act;
(30)"scheme" includes a plan relating to a town planning scheme;
(30A)[ "Special Township Project" means a Special Township Project declared under section 18 or 44, as the case may be;] [Clause (30A) was inserted by the Maharashtra 22 of 2005, Section 2(b), (w.e.f. 20-6-2005).]
(31)"Town Planning Officer" means the officer appointed for the time being to be the Town Planning Officer for all or any of the provisions of this Act;
(31A)[ "undeveloped area" means an area within the jurisdiction of one or more local authorities (not being an area within the jurisdiction of a cantonment board constituted under the Cantonment Act, 1924) which is in the minion of the State Government in a neglected condition, or which is being developed or is in imminent likelihood of being developed in an uncontrolled or haphazard manner, and requires, in the public interest to be developed in a proper and orderly manner;] [Clause (31A) was Inserted by Maharashtra 30 of 1972, Section 2(2).]
(32)"Zilla Parishad" means a Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.