Section 126 in The Maharashtra Regional and Town Planning Act, 1966
126. Acquisition of land required for public purposes specified in plans.
(1)When after the publication of draft Regional Plan, a Development or any other plan or town planning scheme, any land is required or reserved for any of the public purposes specified in any plan or scheme under this Act at any time the Planning Authority, Development Authority, or as the case may be, [any Appropriate Authority may, except as otherwise provided in section 113A] [This portion was substituted for the words 'any Appropriate Authority may acquire the land', by Maharashtra 21 of 1971, Section 11(1).] [acquire the land,-(a)by agreement by paying an amount agreed to, or(b)in lieu of any such amount, by granting the land-owner or the lessee, subject, however, to the lessee paying the lessor or depositing with the Planning Authority, Development Authority or Appropriate Authority, as the case may be, for payment to the lessor, an amount equivalent to the value of the lessor's interest to be determined by any of the said Authorities concerned on the basis of the principles laid down in the Land Acquisition Act, 1894, Floor Space Index (FSI) or Transferable Development Rights (TDR) against the area of and surrendered free of cost and free from all encumbrances, and also further additional Floor Space Index or Transferable Development Rights against the development or construction of the amenity on the surrendered- land at his cost, as the Final Development Control Regulations prepared in this behalf provide, or(c)by making in application to the State Government for acquiring such land under the Land Acquisition Act, 1894,and the and (together with the amenity, if any, so developed or constructed) so acquired by agreement or by grant of Floor Space Index or additional Floor Space Index or Transferable Development Rights under this sections or under the Land Acquisition Act, 1894, as the case may be, shall vest absolutely free from all encumbrances in the Planning Authority. Development Authority, or as the case may be, any Appropriate Authority.] [This portion was substituted and shall be deemed to have been substituted, on the 25th March, 1991, for the words and figures 'acquire the land either by agreement or makes an application to the State Government for acquiring such and under the Land Acquisitions Act, 1894' by Maharashtra 10 of 1994, Section 13(a).](2)On receipt of such application, if the State Government is satisfied that the land specified in the application is needed for the public purpose therein specified, or [if the State Government (except in cases falling under section 49 [and except as provided in section 113A)] [These words were substituted for the words 'if the State Government itself is of opinion' by Maharashtra 14 of 1971, Section 6(1)(a).] itself is of opinion] that any and included in any such plan is needed for any public purpose, it may make a declaration to that effect in the Official Gazette, in the manner provided in section 6 of the Land Acquisition Act, 1894, in respect of the said land. The declaration so published shall, notwithstanding anything contained in the said Act, be deemed to be a declaration duly made under the said section:-[Provided that, subject to the provisions of sub-section (4), no such declaration shall be made after the expiry of one year from the date of publication of the draft Regional Plan, Development Plan or any other Plan, or Scheme, as the case may be.] [This proviso was substituted by Maharashtra 10 of 1994, Section 13(b).](3)[ On publication of a declaration under the said section 6, the Collector shall proceed to take order for the acquisition of the land under the said Act; and the provisions of that Act shall apply to the acquisition of the said land, with the modification that the market value of the land shall be,-(i)where the land is to be acquired for the purposes of a new town, the market value prevailing on the date of publication of the notification constituting or declaring the Development Authority for such town;(ii)where the land is acquired for the purposes of a Special Planning Authority, the market value prevailing on the date of publication of the notification of the area as an undeveloped area; and(iii)in any other case the market value on the date of publication of the interim development plan, the draft development plan or the plan for the area or areas for comprehensive development, whichever is earlier, or as the case may be, the date or publication of the draft town planning scheme:Provided that, nothing in this sub-section shall affect the date for the purpose of determining the market value of and in respect of which proceedings for acquisition commenced before the commencement of the Maharashtra Regional and Town Planning (Second Amendment) Act, 1972:Provided further that, for the purpose of clause (ii) of this sub-section, the market value in respect of land included in any undeveloped area notified under sub-section (1) of section 40 prior to the commencement of the Maharashtra Regional and Town Planning (Second Amendment) Act, 1972, shall be the market value prevailing on the date of such commencement.] [Sub-section (3) was substituted by Maharashtra 11 of 1973, Section 6.](4)[ [Notwithstanding anything contained in the proviso to sub-section (2) and sub-section (3), if a declaration] [Sub-section (4) was added by Maharashtra 14 of 1971, Section 6(3).] is not made within the period referred to in subsection (2) (or having been made, the aforesaid period expired on the commencement of the Maharashtra Regional and Town Planning [(Amendment) Act, 1993] [These brackets, words and figures were substituted for the brackets, words and figures '(Amendment) Act, 1970', by Maharashtra 10 of 1994, Section 13(c)(ii).], the State Government may make a fresh declaration for acquiring the land under the Land Acquisition Act, 1894, in the manner provided by sub-sections (2) and (3) of this section, subject to the modification that the market value of the land shall be the market value at the date of declaration in the Official Gazette made for acquiring the land afresh.]
