Section 28 in The Maharashtra Regional and Town Planning Act, 1966
28. Objections to draft Development Plan.
(1)Subject to the provisions of this Act, if within the time allowed under sub-section (1) of section 26 any person communicates in writing to the Planning Authority or the said officer any suggestions or objection relating to the draft Development plan, the Planning Authority or the said officer may, after considering the report of the Planning Committee under sub-section (2) and the suggestions or objections received by it or him, modify or change the plan in such manner as it or he thinks fit.(2)The Planning Authority or the said Officer shall forward all objections and suggestions received by it to a Planning Committee [consisting of three members of the Standing Committee of the Planning Authority] [This portion was substituted for the portion beginning with the words 'consisting of' and ending with the words 'Planning Authority' by Maharashtra 39 of 1994, Section 7(a).] and such additional number of persons, not exceeding four, [appointed by the Director of Town planning] [These words were substituted for the words 'appointed by the State Government' by Maharashtra 10 of 2011, Section 6, (w.e.f. 5-4-2011).] having special knowledge or practical experience of matters relating to town and country planning or environment or relating to both] for consideration and report:Provided that, where a Planning Authority is not a local authority, the Planning Committee shall consist of such members as the Planning Authority [* * *] [The words 'or as the case may be, the said officer' were deleted by Maharashtra 6 of 1976, Section 9(a)(1).] may determine:[Provided further that, where the Divisional Joint Director or Deputy Director of the Town Planning and Valuation Department or an officer nominated by him under sub-section (4) of section 21, as the case may be, exercises the powers and performs the duties of the Planning Authority, then the Planning Committee may consist of such Divisional Joint Director or Deputy Director or, as the case may be, of such officer.] [This proviso was substituted by Maharashtra 5 of 2014, Section 6(a), (w.e.f. 4-10-2013).][ [Provided also that] [This proviso was added by Maharashtra 30 of 1972, Section 3.], where the State Government or any person or persons appointed under section 162, exercise the powers and perform the duties of a Planning Authority or Development Authority, then the Planning Committee may consist of the State Government or the person or persons so appointed:] [This proviso substituted by Maharashtra 5 of 2014, Section 5(3), (w.e.f. 4-10-2013).][Provided also that, the Planning Committee contemplated in the preceding provisos shall also consist of such additional number of persons, not exceeding four, appointed by [the Director of Town Planning] [This proviso was added by Maharashtra 39 of 1991 Section 7(b).] having special knowledge or practical experience of matters relating to town and country planning or environment or relating to both].(3)The Planning Committee, [* * *] [The words 'or as the case may be, the said officer' were deleted by Maharashtra 6 of 1976, Section 9(b)(i).] shall, on receipt of objections and suggestions, make such enquiry as it [* * *] [The words 'or the' were deleted by Maharashtra 6 of 1976, Section 9(b)(ii).] may consider necessary, and give a reasonable opportunity of being heard to any person including representatives of Government departments who may have filed any objection or made any suggestions in respect of the draft Development plan, and after considering the same, the Planning Committee shall submit its report to the Planning Authority or as the case may be, the said Officer [within a period of two months from the date of its appointment or within such extended period as the Planning Authority may specify] [These words were substituted for the words 'not later than two months from the date of its appointment' by Maharashtra 5 of 2014, Section 6(b), (w.e.f. 4-10-2013).], [* * *] [The words 'or such further time as may for adequate reasons be fixed by the Planning Authority or the said Officer in this were deleted by Maharashtra 10 of 2011, Section 6(2), (w.e.f. 5-4-2011).].(4)[ Not later than two months after the receipt of the report of the Planning committee, the Planning Authority or the said officer shall consider the report including the objections and suggestions received by it or him and make a list of such modifications or changes and carry out the same in the draft Development plan, as it or he may consider proper. The Planning Authority or the said officer shall publish, in the Official Gazette and in not less than two local newspapers, the list of modifications or changes made in the draft Development plan for information of the public.] [Sub-section (4) was substituted by Maharashtra 10 of 2011, Section 6(3), (w.e.f. 5-4-2011).]
